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Full text of "Pleadings in the Mayor's Court ... [serial]"



/ 



iiccoilis of if ort 5>t. George 



PLEAMNGS IN THE MAYOE'S (MET 

1744-45 



Volume IV 



MADRAS 
PRINTED BY THE SUPERINTENDENT, GOVERNMENT PRESS 



(939 



1] 



__^ ■ 



DUKE 
UNIVERSITY 




LIBRARY 



Digitized by the Internet Archive 
in 2012 with funding from 
Duke University Libraries 



http://archive.org/details/pleadingsinmayor4445madr 



i&ecorlK of jfort J&t George 



PLEADINGS IN THE MAYOR'S COURT 

1744-45 



Volume IV 



MADRAS 
PRINTED BY THE SUPERINTENDENT, GOVERNMENT PRESS 

19 3$ 



3^. b~ 

v<4- 

1744- -^-5" 



PREFATORY NOTE 



This Volume contains the Pleadings in the Mayor's Court at Madraspatam 
during the years 1744-^5 and is the fourth in the series of records known as 
" Pleadings in the Mayor's Court ". 

The original manuscript volume has been mended and is in a fair state of 
preservation. Some gaps in this volume have been filled up with materials 
obtained from the India Office. The India Office typescripts have been 
preserved. 

Egmore, B. S. BALIGA, 

1st June 1938. Curator, Madras Record Office. 



RECORDS OF FORT ST. GEORGE 



PLEADINGS IN THE MAYOR'S COURT 

1744-45. 



[India Office Typescripts.] 

(I.O. Range 328, Vol. 79.) 

18th January 1742/3. 

To the Honourable the Mayors 

Court op Madraspatnam. 

Humbly Complaining Sheweth unto this Honourable Court your Oratrix 
Appona Vencatamma of Madras Widow, That in the year one Thousand Seven 
hundred and Thirtyfour 1734 One Jaggoo the Son of your Oratrix's first Husband 
by a former Wife, being married to the Sister of one Ketty Vencata Putty a Dubash 
in Madras, He the said Jaggoo some time Since became Disorderedin his Senses and 
your Oratrix Shews that the said Vencata Putty out of a Seeming or Pretended 
Kindness for the said Jaggoo, and being brother to the said Jaggoo' s then Wife 
Did perswade the said Jaggoo and his Wife to go with him the said Ketty Vencata 
Putty to his the said Ketty Vencata Putty's House in Order for his cure and by 
that means he the said Ketty Vencata Putty did Possess himself of Divers and 
Sundry Joys bonds for Money and Bills of Sale of Houses and your Oratrix Shews 
that Some time Since the said Jaggoo and his wife Left your Oratrix's house and 
went to that of Ketty Vencata Putty's the wife of the said Jaggoo Departed this 
Life, and your Oratrix Shews that your Oratrix made Complaint to the Cast as 
being Mother in Law and Imediate Heir s . to Jaggoo (who Continued Disordered in 
his Senses) that the said Vencata Putty had upon the Demise of his Sister, Jaggoo 's 
Deceased Wife, Still Continued to Possess himself of the said Joys bonds bills of 
Sale etc. and your Oratrix Shews that the Cast did thereupon meet and did Examine 
the Matter and did Order the said Vencata Putty to deliver up to your Oratrix the 
said Jaggoo together with all the bonds Joys bills of Sale etc. wrongfully Possessed 
by him the said Vencata Putty, and your Oratrix Shews that the said Vencata Putty 
did in Consequence of said Order Deliver to your Oratrix Sundry Joys and bonds and 
bills of Sale, But your Oratrix Shews that the said Ketty Vencata Putty Still Detains 
in his Possession Joys and bonds to the Amount of fifteen hundred and thirty one 
Pagodas as will more fully Appear by an Account hereunto Annexed and which 
your Oratrix prays may be admitted as part of this your Oratrix's bill. 

And your Oratrix Shews that your Oratrix has frequently applyed herself in 
the most friendly Manner to the said Ketty Vencata Putty requesting that he would 
Comply with the Order of the cast and Deliver up trie Notes Joys and Money 
received. 

But now so it is may it please this Honourable Court the said Ketty Vencata 
Putty absolutely refuses to give your Oratrix any the Least Satisfaction in the 
Premisses. 

To the End therefore that the said Ketty Vencata Putty may upon his Corporal 
Oath true and Perfect Answer make to all and Every the Matters Aforesaid as fully 
truly and Effectually to all Intents and purposes as if the same were here again 
repeated and Interrogated and be Decreed to deliver up the Particular bonds Jovs 
&c a . as p. Account annexed or that he account for the same as they are Severally 
therein Charged and that your Oratrix may have such further and other relief in the 
Premisses as Shall be agreeably to Equity and good Conscience. 

John Russell, 
Attorney for the Complainant. 



y 



Records oj Fort St. George 



A List op the Joys and Bonds belonging to Appona Vencatumma in the Custody 
and Possession op Kette Vencateputte together with Certain Sums op 
Money due to her which he received and delivered up the Bonds. 



2 Pair Gold Shackles (Astacudial) 

2 pr. of Puttana Gadroo 

1 pr. of Beviralloo 

1 Gold String for the neck with a Diamond Medinoloo 

1 Ditto plain 

2 pr. of Tiattaloo 

2 pr. of Gold and Coral Beads 

1 Gold Pattada with a Ruby 

2 pr. Earrings (Cundiloo) with Rubies and Emerald 
1 pr. of Diamond Earrings 
1 pr. Emerald Ditto 
] pr. Ditto Ditto 

Gold Buttons 

1 Gold Breastplate (Paddacum) with a Diamond and 

Gold Chain 

2 Ring", 1 Diamond and 1 Emerald 
2 Earrings 
2 pr. of Gold Beads for the neck ... 

1 plain Pattada 

.1 Ring for the Nose with a Pearl 

1 pr. of Gold and Coral Beads for the hands . 

1 pappataputtoo ... ... ... 16 

1 pr. of Silver Paddacalloo 6 

I pr. of Silver Chains for the Legs ... 6 

1 pr. of Silver Shackles for Ditto ... 12 



P. 58 
50 
60 
60 
30 
35 
55 
20 
15 
18 
25 
16 
27 

64 
10 

6 
25 
12 

5 
15 



Large Brass Potts 

Ready Money received by him viz*. 
From Atapetta Appiah on Account 
of a Mortgage of his house ...P. 

Velloor Come Chitty 

Jellapillai Shashia on Account of 
a Bond Principal and Interest. 

Nella Tombe on Account of a 
Bond 

Attapah Vencatiah 

For a horse he sold belonging to 
Jaggoo 



55 — 

30 — 

80 — 

50 — 

10 — 

50 — 



Bonds which are now in his Possession Vizt. 

1. Bond given by Chin Narrapa 
Father of Kette Vencateputtee 
to Appona Vencatummas hus- 
band P. 200 — — 

1. Do. given by Ditto to Ditto. 400 — — 



40 



10 



275 



600 



Pagodas 



1531 — — 



Pleadings in the Mayor's Court, 1744-45 iii 

February 1°. 1742/3. 

The Plea of Ketty Vancaty Puttee of 
Madras Defendant to the Bill of Com- 
plaint of Oppona Vencatomah of the Samr 
place Widow Complainant. 

The Said Defendant by Protestation not confessing or acknowledging all or 
any part of the Matters and things in the said Bill of Complaint contain' d to be true 
in such Manner as they are therein and thereby Set-forth and alleg'd, as to such 
part of the said Bill as Demands a dilivery of sundry Joys Bonds Moneys etc. and 
all such other part of the said Bill that is not herein aftermention'd or answer' d 
unto this Defendant doth plead thereunto and for Plea Saith, Firstly Touching 
the Joys Bonds Moneys etc. This Defendant Solemnly Protests. He never was 
possess'd of all or any part of the said Joys Bonds Moneys &c a . as is falsely in the 
Complaint Setforth. Secondly there was never any such Meeting of the Cast nor such 
an award by them made as the Complainant falsely Setsforth in Her Bill of Compl*. 
Thirdly the Complainant is no ways Impower'd Lawfully to call this Defendant to 
Account Sopposeing the allegations against this Defendant in the Bill of Complaint 
were all true the Complainant being neither Heir nor Guardian to Jaggoo in the 
Complainant's Bill mention'd the said Compr\ haveing in the year 1734 call'd the 
said Jaggoo before a Meeting of the Heads of the Cast to Demand a dividend of Her 
husband s Estate which the Cast awarded Her and She as is the Custom of the Cast 
she belongs to withdrew Herself from Her Family not being allow'd to have any 
further concerns therewith all which this Defendant conceives will clearlv Demons- 
trate she coud not be Guardian to the said Jaggoo and as to Her being His Heiress 
that's an Impossibility for the said Jaggoo has a Son now liveing and the Laws of 
Jaggoo's and the Complainants Cast are such that while Jaggoo's Son lives Jaggoo 
cannot appoint any other person his Heir or Heiress why then is this Defendant 
Troubled with this Litigious Law suit for if as the Compl*. in Her Bill sets forth 
she's Jaggo's Heiress (which as before Shewn cannot be) yet this Defendant humbly 
conceives she can have no right to Jaggoo's Estate till after Jaggoo's Decease and 
if so the Complainant cannot by being Heiress only be invested with Sufficient powers 
whereby to call this Defendant to an Account in Jaggoo's lifetime. All which 
matters this Defendant doth Plead in Barr and humbly prays the Judgement of this 
Honourable Court whether this Defendant shall make any further or other Answer 
to the Compl* 8 . said Bill of Complaint and humbly prays to be hence Dismiss'd with 
reasonable Costs in this behalf wrongfully Sustain'd. 



William Dumeleton, 
Attorney for the Defendant. 



Mayors Court 

at 
Madraspatnam. 

Monday the 24th day of December A.D. 1744 Between 
Appona Vencatumma of Madras Widow Complainant and 
Ketty Vencaty Puttee of the Same place Dubash Defen- 
dant. 

This Cause coming on 'this day to be heard and Debated before this Court in 
the presence of the attorneys on both sides ; On hearing the Complainants Bill with 
an Account of Sundrys thereto annext the Defendants Plea in Bar and an order 
made in this Cause on the 27th November last past Eead on due Consideration had 
This Court doth therefore think fit to Order and Decree and doth according 
Order and Decree That the Complainants Bill do Stand dismissed out of this Court 
and that the Defendant do pay the Co? s of this Suit and further that thf Bond 
sued for by the Pit. for Pag s . 400 in the Name of Vencatamah, Ag* the Defendant 



iv Records of Fort St. George 



and the discharge given the Defendant by the said Vencatamah (and mentioned in 
the pleadings and decree of the said Cause of Vencatamah against Ketty Vencaty 
Puttee) be both Cancelled by the Eegister of this Court. 



Per Cur 



Noah Casamjoe, 

Regr, 



15™ January 1744. 

To the Honourable the Mayors 

Court at Madraspatnam. 

The humble Petition of Veerrago Chitty 
Sheweth, 

That on or about the 9th day of December 1743 your Petitioner did Send the 
Sum of Seventy Pagodas to one Permall & Birthum Parriah his father, and for 
Security thereof they did Mortgage and make over to your petitioner their House 
and Ground, Situate in the Peddanaigues Petta, in Gungaram's Street, between 
the houses of Tondava Moorty & Potty Kistna, in leiith one hundred feet, and in 

breath forty eight feet, to have and hold the said house on the usual conditions, 
as by the said Mortgage Bond and bill of Sale will appear a translate of which is in y 1 '. 
Petitioners petition annext, the above Date, the original ready to produce as this 
honourable Court Shall direct, and your Petitioner Shews the said house so in 
Mortgage to your Petitioner, is since sold by Execution Issueing out of this honoura- 
ble Court at the Suit of Bullegoerlah Gungiah and the said house sold for the Sum 
of Pag\ 85. 6. 58 and the said Cash is return'd by the Sheriff into the Cash of this 
hono'ble Court, wherefore your Petitioner prays his principal Interest & Costs of 
the said Mortgage may be first paid out of the Money so return'd into Court and 
vour Petitioner as in Dutv bound Shall Ever Pray &c a . 

9™. December 1743. 

I Permaul Son of Birthum Pariah do hereby acknowledge to have Borrowed 
and Received of Veraraugoo Son of Dasuree Purrecoolee Balla Eagoova Chitty the 
Sum of Seventy Pagodas for securing the repayment of which Sum with Interest at 
nine p. Cent on demand I mortgage my House with two Bills of Sale thereof. 

Birthum Permaul. 
Birthum Paupiah. 

Witness. 

Pote Kistnama. 

Modum Kamanah. 

drawn by Chadoovoola Padmiah. 

Translated from a Cadjan said to be the original. 

Joseph Githin, 
Exam r . 



Mayors Court at 
Madraspatnam. 

Tuesday the 26th day of February Anno Dom. 1744 
Exparte Verrago Chitty Mortgagee of the House of 
Birthum Pariah, sold by Execution issued out of this 
Court at the Suit of Bulle Goerlah Gungiah. 

On Hearing the Petition of the Mortgagee with Translate of a Cadjan Mortgage 
bond of the Defendant's Sons dated the 9th December 1743 for Pagodas 70 thereto 
annext read, The said Defendant's Sons Birthum Permaul and Birthum Paupiah 



Pleadings in the Mayor's Court, 1744-45 



being in Court, also Moodum Bamanah one of the witnesses [to] the said bond, 
they the Defendant's Sons acknowledged the Execution of the said bond, which 
the aforesaid Witness thereto also confirm'd : This Court doth therefore on due 
Consideration had, Think fit to Order and Decree and doth accordingly Order and 
Decree, That the Sum of Seventy pagodas with Interest thereon from the date of p. 70 
the Petitioners Mortgage bond, until the 18th December last past, be paid unto 
the Petitioner Verrago Chitty together with his Costs of Suit out of the Sum of 
Pag s . 85. 6 . 58. return'd into this Court by the Sheriff thereof on the aforesaid 
18th December last past for the net produce of the Sale of the Defendant's house, 
Mortgaged to the Pet r . as aforesaid, and that the residue be paid unto the Pit. 
after deducting the Costs of Suit. 



Per Cur 

Noah Casamajor, 

Reg'. 



July 27*= 1742. 

To the Honourable the Matoes 
Court at Madraspatnam. 

Humbly Complaining Sheweth unto this Honourable Court your Orator Sealum 
Mocdalare Merchant of Madras Son of Ponta Yacumbrum Moodalare formerely 
also Merchant of Madras but now deceas'd and your Orator shows unto this 
honourable Court that your Orators Father had dureing his Lifetime sundrv dealings 
with one Coovetoor Jimmina at that time also Merchant of Madras but now Likewise 
deceased and your Orator further shews that the said Coovetoor Jimmina haveing 
Occasion for a Sum of Money did apply himself to your Orator Father for the Loan 
thereof whereupon your Orator's father did advance and lend unto to the said 
Coovetoor Jimmina the full and just Sum of Pagodas Thirteen Current of Madras 
for secureing the Eepayment of which Sum with Interest thereon the said Coovetoor 
Jimmina did in and by One Mortgage Bond make over and assign unto your Orator's 
father one Bill of Sale of a House Situate in Conapa Chitty Street in the Black Town 
with a Peice of Ground and all other Appurtenances thereunto belonging which 
said Bond and Bill of Sale are now in your Orator's possession and ready to be 
produced as this honourable Court shall please to direct Translate whereof bearing 
date June the Twenty Sixth in the year of our Lord one Thousand Seven hundred 
and Nineteen is for the Inspection of this Honourable Court hereunto annex' d and 
your Orator further shews unto this Honourable Court that the said Coovetoor 
Jimmina haveing Occasion for a further Sum of Money did again applv to vour 
Orator's Father whereupon your Orator's Father did advance him the further Sum 
of Pagodas Three for secureing the repayment of which Sum with Interest the said 
Coovetoor Jimmina did make one other Bond to your Orator's father being date 
January the Seventh which was in the year of our Lord one Thousand ""Seven 
Hundred and Nineteen, Twenty as will also appear by a Translate for the Inspec- 
tion of this Honourable Court hereunto annex'd and your Orator Shews that the 
two foregoing Sums added together makes the amount of your Orator's Principal 
to be Sixteen Pagodas the Interest upon which Sum for Twenty Two years will be 
found to amount to Thirty three Pag 8 . Nine fanams which added to the Principal 
beforemention'd the Total amount of your Orator's Demand will be Fortv Nine 
Pagodas Nine fanams and your Orator further shews that since the Transactions 
above recited happen 'd the said Covetoor Jimmina has departed this Life Leaving 
all Ins Estate & Effects to a Surviving Brother by Name Govinda a Conacopla of 
Madras who is now in Actual Possession of the said House as aforesaid Morto as M 
to your Orator s father of whome your Orator hath often in the most amicable 
Manner Demanded payment of your Orator's Just due. ^micaDie 

But now so it is may it please this Honourable Court the said Govinda absolu 
tely refuses to give your Orator any manner of Satisfaction your Orator thereto- 
prays a General Releif Touching the Premisses such as to this Honourable Courf 
shall appear agreeable to Equity and good Conscience. 
1744-45— B 



vi Records of Fort St. George 



To the end therefore that the said Govinda may upon his Corporal Oath true 
and perfect answer make to all and singular the matters and things herein before 
recited as fully truely and Effectually to all and every Intent and purpose as if the 
Same were here again repeated and Interrogated and that he may more particularly 
say whether he is not posses'd of the Effects of the said Coovetoor Jimmina Deceas'd 
Whether the House now Sued is not Actually in his Possesion Whether your Orator 
hath not often demanded payment of your Orator's Debt and Whether he hath 
even paid any part of said Debt. 

William Dumbleton, 
Attorney for the Complainant. 



June the 26™. 1719. 

I Coovetoor Jimina do hereby Acknowledge to have borrow'd and received of 
Peta Yacumbrum Moodalare Thirteen Pagodas Current Money of Madras for Secure- 
ing the repayment of which Sum I hereby Mortgage and make over unto the Obligee 
my Brick and Tyled House Scituate in Comracapahs Street in the Black Town 
between the Houses of Nattee Coppia and Coovetoor Govindoo Opposite the English 
Burying Place to have and to hold the said House with its appurtenances unto the 
said Coovetoor Jimina & his Heirs for ever unless I or my Heirs shall well and 
truely pay the above Principal Sum with Interest at nine p Cent p annum 



EECOEDS OF EOET ST. GEOEGE 



PLEADINGS IN THE MAYOB'S COURT 

1744-45 

(VOL. No. IV.) 



[Madras Record Office, Vol. IV] 

In Witness whereof I hereunto set my Hand in the Choultry Court where this 
is Registred Randal Fowke Esqr., being the Magistrate now present. 

COOVETOOR TlMINA. 

Drawn by Managapah Town Conacoply. 

January 20 th . 1719/20. 

I Coovetoor Timina do hereby acknowledge to have Borrowed and Received of 
Pata Yacumbrum Moodalare the Just sum of Pagodas 3. 21. 10, which Sum he the 
said Yacumbrum is to repay himself with Interest at 12 f! Centum |J Annum out 
of the Amount of my House on which he has a Mortgage when he shall dispose of 
the same. 

Drawn by Iroolapa. 

Coovetoor Timina. 

Witnessed by 

Narrain Chittee Cundapa & 

Bomie Caul Bubabadroo. 



August 31 st . 1742. 

The Answer of Govinda Chitty Merchant of 
Madrass Defendant to the Bill of Complaint of 
Sealum Moodalare of said Place. 

He this Defendant saving and reserving to himself all Benefit and advantage of 
Exception to the Manifold Errors Incertanitys and Insufficiencies in the said Bill 
Contained for Answer thereunto or to so much thereof as this Defendant is advised 
materially Concerns him to make Answer unto He this Defendant Answereth and 
Saith. 

First that the two Bonds annext to the Complainants Bill is no Less than 23 
years old by the Date thereof, and this Defendant really believes by Comparisson 
of Hands, that this Defendants Brother never wrote the said Bonds having seen them 
in Court But above all if as the Complainant says the said Bonds are really true why 
has not the Complainant made some Demand of those Bonds within these 15 years 
this Defendants Brother having been dead so long and this Defend*. Declares he 
never heard of any such Demand till within these two or three months But this Defen- 
dant Declares he never received nor does he now Enjoy any part whatever of his 
deceased Brothers Effects nor is the House this Defendant now lives in, any part of 
the Deceased's Effects But the House the Complainant pretends is mortgaged to him 
is this Defendants house and has been this Defendants house for this Twenty years 
and upwards that is five years before his Brother's death at which time this Defend*', 
and his late Brother had disputes about their maintenance the one being married, 
and the other unmarried, Upon which they was [sic~\ Called before the heads of their 
Cast who allotted this Defendant half the said House and Gave the Deceased Brother 
the other half which he sold directly in his life time so that this Defendant is left in 
present possession of no more than the half of the said House for those who bought 
the other Half house being neighbours adjoining directly cut off his part of the 
house and Ground by a party Wall which several Transactions the Complainant and 



Records of Fort St. George 



his Ancient Mortgage never once appeared to make Demand But stays 15 years 
after the Man is dead picks up an Old Bond nobody knows how or where and then 
puts it in Court to get this Defendants house tho' this Defendant never received 
any part of the Deceased's Effects nor any Body else for the Deceased, while living 
had hardly enough to relieve his daily wants wherefore there is little reason to 
believe the Deceased left any Estate behind him, In short the Contents of these pre- 
tended Bonds shew the Mortgagor must have been but in very low Circumstances 
to Mortgage his House for 13 or 14 Pag s . 

But this Defendant denys that the Bonds now sued for are (this Defendant 
believes) the hand writing of this Defendants Brother deceased and this Defendant 
believes the said Bonds are Trumpt up and are false and this Defendant denies to 
be possessed of any part of the Deceased's Effects whereby this Defendant is in no 
wise liable to pay his deceased Brothers Debt on any account tho' never so true and 
this Defendant is ready to aver maintain and prove the same as this Honourable 
Court shall direct and humbly prays to be hence dismissed with his reasonable Costs 
in this Behalf most wrongfully sustained. 

Henry Deveil 
Attorney for the Defendant. 



19 th . October 1742. 

Replication of Sealum Moodalare of Madras, 
Merchant, Complainant to the Answer of Govin- 
doo of the same place. Merchant, Defendant. 

This Replyant now and at all times hereafter saving and reserving to himself all and 
all manner of Benefit and advantage of Exception to the many errors and untruths 
of the said Answer for Replication thereunto Saith that all and singular the matters 
and things in this Repliants Bill contained are certain true as they and every of them 
are therein alledged and expressed and that the Defendants Answer to the said Bill 
is very untrue Imperfect and Insufficient to be replied unto and this Replyant for 
a Replycation to the said Answer saith further. 

That as to the Defendant in his Answer saying that he doth not possess any 
part of the Deceased Timma's Estate is absolutely false for the House he the Defen- 
dant now lives in actually was Timmas during his life time nor was the half of it 
ever disposed as the Defendant falsely pretends but this Replyant acknowledges 
that Timma sold during his life time some of the Back yard belonging to the said 
house but none of the house on the Contrary he the said Timma died in the said 
house Immediately upon his death the Defendant took possession of the said house 
and has remained in it ever since the Def*. pretends he is Ignorant there was any 
Mortgage on his House which must be false or else the Defendant must have a very 
short Memory for this Replyant doth averr that the Defend*, was present several 
times when this Replyant demanded (the Sums now sued for) of Timma in his life 
time and since the death of the said Timma this Replyant hath more than a hundred 
times as this Repliant verily believes demanded payment of the Defendant who 
Continually put this Repliant off with fair promisses but never denied the Justness 
of this Repliants demand til about a month or two before this Repliant fyled his 
Bill in this Honourable Court. 

In short this Replyant will prove the Mortgage Bond to be given by Timma 
will produce a Choultry Bill of Sale wherein the Mortgaged premisses are particularly 
specified and will prove that the Defendant himself more than once promised to 
repay this Repliant the money lent by this Repliant to Timma which this Replyant 
humbly hopes will be satisfactory to this Honourable Court. 

All which matters and things this Replyant is ready to averr, maintain and 
prove and humbly prays as in and by his said Bill he has already prayed. 

William Dumbleton 
Attorney for the Replyant. 



Pleadings in the Mayor's Court, 1744-45 



qw November 1742. 

The Rejoinder of Govinda to the Replycation 
of Sealum Moodalare Complainant. 

This Defendant now and at all times hereafter, saving and reserving to him- 
self all manner of Benefit and advantage of Exception to Incertainties and 
Insufficieneys of the Repliants Replycation saith that all and singular the matters 
and things in this Defendants said Answer are true and sufficient in the Law to be 
replied unto and this Defendant further saith again that he does possess no part of 

the Deceds Effects, and that the said House of the Deceased, was sold in the Deceased's 
life time, and this Defendant saith that the Complainant should have made his 
Claim in the deceased's life time, but instead of so doing the Complainant letts his 
pretended Claim be Dormant till the person is dead on whom the demand ought to 
be made, then the Complainant brings out some old demand of many years standing, 
no bodv can prove how it arises, or whether paid or not, a practice much used of 
late by some of the Inhabitants who make their daily Livelihood, to Trump old Bonds 
and Antient demands, that have lain asleep from Family to Family, and some perhaps 
discharged many years ago, and when the Complain te . think every branch of the 
Family is gone that was old enough to give an Account of past Transactions, then 
they build upon no bodys being alive or in the place to Disprove what they affirm, 
then some helpless Widow or some young Relique of the Family, is made a prey on, 
and Terrified into the payment of some money, or a new Bond to make a good debt 
of that, which was none at all, which practice tis hoped will be Inquired into, and 
Suppressed by this Honourable Court. 

And this Defendant saith as in and by his Answer he hath already said and does 
and will Aver and maintain all and every thing and things to be true' and certain in 
such manner and form as is therein and thereby set forth alledged and Expressed. 

Henry Deveil 
Attorney for the Defendant. 



Interrogatories to be administred to such 
Witnesses as shall be produced Sworn and Exa- 
mined on the part and behalf of the Complain*, 
in a certain Cause wherein one Selum Mooda- 
lare is Complainant and one Govindoo is Defen- 
dant. 

To All the Witnesses Imprimis do you know the parties Complainant and 
Defendant in this Cause or Either of them and how long have you known them or 
either and which of them Declare. 

2 d . To Sadashava Item were you ever sent by the Complainant or his ffather 
to demand any money which of them sent you, who were you sent to, how much 
did you demand, how came the money due," what Answer did you receive from the 
person of whom you made the Demand Declare. 

3 d - To Irsapah Item was you present when the Complainants Father or any 
person for him demanded any money of a certain person, who was the person of 
whom the Money was demanded, what was the Sum demanded, how came it due, 
what Answer was given by the person from whom the money was demanded Declare! 

4 th . To all the Witnesses Item Do you know any other matter or thing material 
for the Complainant If Yea set forth the same as you know have heard or do believe 
with the reasons of such your knowledge or belief Declare. 

William Dumbleton 
Attorney for the Complainant 



Records of Fori St. George 



Madraspatnam. "1 Between Sealum Moodelare Complainant 

Mayors Court at j and Govindoo Defendant. 

Depositions of Witnesses in this Cause taken by and before the Examiner 
in this Court as follows. 

Sadashava of Madras Conicoply aged 38 years or thereabouts being produced 
as a Witness in this Cause on the part of the Complainant was on the 12 th . day of 
March 1743/4 shewn at the Office of M r . Henry Deveil Attorney for the Defendant 
by Connecapa who left a Note of the Name Title and place of abode of the said 
Sadashava and afterwards on the same day being sworn and Examined deposeth as 
follows. 

1 st . To the first Interry this Deponent saith That he hath known the Complainant 
Seventeen years and the Defendant Twenty years or thereabouts. 
2 d . To the second Interrogatory this Deponent saith that he was sent by the Com- 
plainants ffather to demand payment of two Bonds, amounting to 13 or 14 Pagodas 
of the Defendants Brother Timmana who answered he would wait on the Complainants 
Father and satisfy him And further saith not to this Interrogatory. To the last 
Interrogatory this Deponent saith that since the death of Timmana payment of the 
above Bonds has been several times demanded of the Defendant, who as often pro- 
mised but failed and more saith not. 

Sadashava. 
Joseph Githin Exam T . 

Irsapah of Madras Conicoply aged 53 years or thereabouts being produced as 
a Witness in this Cause on the part of the Complainant and afterwards being Sworn 
and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he knows the partys Com- 
plainant and Defendant and hath so known them 16 years or thereabouts. 

3 d . To the third Interrogatory this Deponent saith that he was present at two 
several times when the Complainants Father demanded payment of two Bonds of 
the Defendants Brother Timmma but cannot say the amount of the sums therein 
contained that Timmana answered at such times that the Greatness of the Famine 
then had reduced him to such Extremity that he was scai-ce able to maintain himself 
and desired the Complainants ffather to have patience that he would discharge both 
the Bonds, when his Circumstances would admitt and more saith not to this 
Interrogatory. 

To the last Interrogatory this Deponent saith That, since the death of Timmana 
this Deponent by the Complainants Order, demanded payment of the above Bonds 
of Timmana's Wife who acknowledged the debt and said she would lett out her 
Houses in order to discharge them as also he has once demanded payment thereof 
of the Defendant who likewise promised payment and more saith not.' 
Joseph Githin Irsapah. 



Exam r 



Mayors Court at 
Madraspatnam. 



} 



Tuesday the 12 th . day of March [N. B.] 1744. 
Between Sealum Moodelare (Son of Ponta 
Yacumbrum deceased) of Madras, Merchant 
Compl*. & Govinda (Brother to Coovetoor 
Timmana) Deceased Conicoply of the same 
place, Defendant. 

This Cause coming on this day to be heard and debated before this Court in 
presence of the parties and their Attorneys on both sides On Hearing the Complain- 
ants Bill with Translate of two Bonds under the Defendants Brothers hands, the one 
dated the 26 th . June 1719 for Pagodas 13 the other dated the 20 January 1719/20 
for Pag 5 . 3. 21. 20 thereto annext, The Defendants Answer, the Replycation and 



Pleadinqs in the Mayor's Court, 1744-45 



Rejoinder also the proofs taken in this Cause on the part of the Complainant (the 
Defendant not having produced any) Read, and on Examination of the matters in 
this Cause what was alledged on either side, and due Consideration had thereon, 
This Court doth therefore think fit to Order and Decree, and doth accordingly Order 
and Decree that the Defendant do pay unto the Complainant the full and just sum 
of Sixteen pagod s . Twenty one fanams forty Cash Current of Madras being the 
principal money of the before mentioned Bonds together with such Interest from 
their respective dates after the rate of Eight f) Cent f) Annum as now is or here- 
after shall become due thereon until full payment is made & also the Costs of this 

Suit. 

f Cur 

Noah Casamajor 
Ref. 



21". Aug t . 1744. 



To the Honourable the Mayors Court at 
Madraspatnam. 



Humbly Complaining sheweth to this Honourable Court Portake Subriah Jaga- 
swah Merchant of Madras that one Mahadon late of Madras but deceased having 
in his life time Occasion for a sum of money did apply himself to your Orator for 
the Loan thereof, whereupon your Orator did advance and lend unto the said Maha- 
dan the sum of Eighty Pag 8 , ten fanams and Ten Cash for Security of which sum 
he the said Mahadan did Mortgage and make Over to your Orator his house and 
Ground lying and being in the Pedanaigues Petta in Yeacombrum Isvera Pagod's 
Street between the Houses of Verrago Saustrey and Narionopayon in length 27 feet 
and in breadth thirty six and half with a piece of Ground in lenth thirty three feet, 
and in breadth Twenty seven feet To have and to hold the said House and Ground 
your Orator and his Heirs for ever Subject nevertheless to the usual Proviso in such 
Cases as by the said Mortgage Bond now in your Orators Custody bearing date 2 d . 
day of December 1741. 

And Your Orator shews one Lingamah now living Widow and Relict of the 
said Mahadan is now in possession of the said premisses so Mortgaged to your Orator 
and your Orator shews he hath frequently demanded his said principal sum of 

Pag*. 

also further lent on a petty Bond Pag s . 

also Rice and Paddy sold the Family 

Besides Interest the principals only .:. ... ... ps. 

But the said Lingammah absolutely refuses to give your Orator any satisfaction 
in the premisses. 

To the End therefore that the said Lingammah may upon her Corporal Oath 
true and perfect answer make to all and every the matters aforesaid as fully truly 
and Effectually to all Intents and purposses as if the same was here again repeated 
and Interrogated and be Decreed to pay your Orator his several principal moneys 
Interest due thereon and that your Orator may have such further and other Relief 
in the premisses as may be agreeable to Equity and good Conscience. 

Henry Deveil 
Attorney for the Complainant. 



80 

5 
9 


10 


10 


— 


— 


94 


10 


10 



1744-45—2 



Records of Fort St. George 



2 D . December 1741. 

I Mahadan son of Coliah do hereby acknowledge to have Borrowed and received 
of Portakee Subariah Jagaswah the sum of Eighty Pag s . ten fanams and ten Cash 
for securing the repayment of which sum with Interest at twelve :< $ Cent in one 
year I Mortgage my house w th . the Bill of Sale and on default of such payment at 
the time Limitted I am to put him in possession of the said house. 

Mahadan. 
Witness 
Ramah Chandra 
Vishvanada Sankarajee. 
drawn by Ramah Chandrae. 
Translated from a paper Writing said to be the Original. 

Joseph Githin 
Exam r . 



18 th . Septembee 1744. 

The answer of Lingamah Widow of Maarass 
Defendant to the Bill of Complaint of Portakee 
Subriah Jagaswah of the same place merchant 
Complainant. 

The Said Defendant now and at all times hereafter saving and reserving to 
herself all and all manner of Benefit and advantage of Exception to the manifold 
Errors Imperfections, Incertainties and Untruths in the Complainants said Bill 
Contained for answer thereunto or unto so much thereof as she this Defendant is 
advised, Materially doth concern this Defendant to make answer unto, she this Defen- 
dant answer eth and saith. 

That she admitts her Husband to borrow of the Complainant the sum of Pagodas 
Eighty. Ten fanams and Ten Cash for securing the Repayment whereof he this 
Defendants Deceased Husband did mortgage unto the Complainant the Bill of Sale 
of his House ; and this Defendant further says that Thirty Pagodas of the above 
sum has been repaid in the lifetime of this Defendants Husband as he declared in his 
last Moments by saying he stood Indebted to the Complainant only Principal Pago- 
das Fifty, Ten fanams and Ten Cash on which Interest for one year was due. 

As to the Bond for five Pagodas this Defendant acknowledges her Deceased 
Husband did sign it, but never received any Valuable Consideration for so doing. 

As to the article of Paddy this Defendant knows nothing of any such parcel as 
the said Complainant Charges nor does she believe the said Charges to be true, but 
however she is willing to put the Issue of this Cause upon the Complainants taking 
his Oath at Triplicane Pagoda to the truth of his Demand, which this Defendant prays 
he may be Compelled so to do. 

All which Matters and things this Defendant is ready to aver, maintain and 
prove the same as this Honourable Court shall award and humbly prays to be hence 
dismissed with her reasonable Costs and Charges in this behalf most wrongfuliy 
sustained. 

William Dumbleton 
Attorney for the Defendant 



16 th . October 1744. 

The Replycation of Portakee Subriah Jagaswah 
to the Answer of Lingamah of Madras Com- 
plainant. 

The said Replyant saving to himself all advantages of Exception to the Incertain- 
ties, Untruths and Insufficiencys of the Defendants answer for Replycation therp- 
unto saith That all and singular the matters and things in this Repliants said Bill 



Pleadings in the Mayor's Court, 1744-45 



contained is true as is therein alledged and that the Answer of the said Defendant 
to the said Bill is very untrue Imperfect and Insufficient to be replied unto. 

For this Repliant saith that the house now under Suit was first mortgaged by 
the Defendants husband for Pag s . 102 he afterwards paid in part of the Bond 34. 
But their being other little Accounts in this Replyants Favour a Ballance was struck 
and there remained due to this Replyant the sum of Pag s . 80. 10. 10. upon which 
the Old Bonds was Cancelled and the new Bond under Suit was Given of which no 
part has been paid to this Repliant or to any person by his Order knowledge or 
belief as to the other little Bond for Pagodas 5 it was lent after the other Bond and 
the Defendants husband promised it should be Included in the Mortgage. 

As to the 9 Pagodas of Rice which the Defendant in her answer Erroniously 
calls paddy this Repliant has several Witnesses to prove it due and therefore the 
Defendants Request of Swearing at the Pagoda is very unreasonable and this Repliant 
humbly conceives if the Defendant denys what this Repliant asserts it is the Repliants 
Interest to prove it and that has been always held sufficient by this Honourable Court. 

The Court has some times thought proper to administer an Oath in the most 
solemn manner But that has been generally speaking matters of Great Importance, 
and the Oath always given to the Defendant and then only when the proofs have 
not appeared to the Courts Satisfaction. 

All which Matters and Things this Replyant is ready to averr maintain and 
prove as this Honourable Court shall direct and humbly prays to us in and by his 
said Bill is already prayed. 

Henry Deveil 
Attorney for the Repliant. 



Rejoinder General. 



Mayors Court at 
Madra.spatnam. 



Tuesday the 26 th . day of March A.D. 1745. 
Between Portakee Subriah Jagaswah of Madras 
Merchant Complainant and Lingamah (Widow) 
of Mahadeau late of the same place Goldsmith 
Deceased, Defendant. 

This Cause coming on this day to be heard and debated before this Court in the 
presence of the plaintiff and the Attorneys on both sides, on hearing the Complain- 
ants Bill with Translate of a paper Mortgage Bond or Writing under the hand of 
Mahadeau the Def te . deceased Husband dated the 2 d . Decern 1- . 1741 for Pagodas 
80. 10. 10. thereto annext the Def te . answer, the Replycation and Rejoinder read, 
and on Examination of the matters in this Cause what was alledged on either side and 
due Consideration had thereon This Court doth therefore think fit to Order and 
Decree, and doth accordingly Order and Decree that the Defendant do pay unto 
the Complainant the full and just sum of Eighty five pagodas, Ten fanams, Ten 
Cash being the principal money of the two Bonds on which the plaintiff sues (he 
having made Oath to the satisfaction of this Court that neither he nor any other 
person for him hath received any part of the principal or Interest of the said Bonds) 
together with such Interest after the rate of Eight '$ Cent $ annum as now is or 
shall hereafter Become due thereon until full payment is made, and also the Costs 
of this Suit, and that the said Debt and Costs be paid unto the Complainant out of 
the sum of Pagodas 136. 32. 48 now remaining in the Cash of this Court for residue 
of the net amount of the Sale of the Defendants house Mortgaged to the Plaintiff and 
Sold by Execution and returned into Court the 27 th . November last past at the suit 
of Conjusaw 

$ Cur 

Noah Casamajor, 

Regr. 



Records of Fort St. George 



1«. May 1744. 

To the Honourable Mayors 
Court at Madraspatnam. 

Humbly Complaining Sheweth unto this Honourable Court Your Orator Tomby 
Chitty Merchant of Madras, was Concern'd in the Tobacco Farm Jointly with one 
Poncla Kisnash formerly Merchant of Madras, but now deceased and your Orator 
shews that at the time the said Poncla Kisnash departed this life there was a Ballance 
due from the said Poncla Kisnash on Account of the said Tobacco ffarm to your 
Orator to the amount of Pagodas 658. 24 Current money of Madras which sum 
your Orator demanded from the Executors of the said Poncla Kisnash by name 
Permoll Moodalare and Earn Chendrue both Inhabitants of the place aforesaid, and 
your Orator shews that the said Permoll Moodalare and Ram Chendrue did Inform 
3'our Orator that they had paid out of the Cash of the Tobacco farm, the sum your 
Orator demanded to the Honourable Company on Account of Poncla Kisnash, who 
stood indebted that Sum to the said Company, but they at the same time Informed 
your Orator that in order to secure to your Orator the sum your Orator demanded 
(which demand they acknowledged to be just) they would give unto your Orator one 
Bond or Obligation thereby making over unto your Orator all the Revenues that 
should arise from the said Farm until your Orators said Demand should be fully Dis- 
charged and that they would receive no part of the said Revenues till the Contents 
of the said Obligation should be fully complied with, and your Orator shews your 
Orator did consent to their Proposal and a Bond to the above Tenor was drawn and 
signed by the said Permaul Moodalare and Ram Chendrue, as will appear by a Trans- 
late thereof for the Inspection of this Honourable Court hereunto annext to which 
your Orator most humbly referrs and prays the same may be admitted as part of 
this Your Orators Bill of Complaint which said Bond bearing date Aug*, the first 
1743 is for Pagodas 658. 24 which make in Sterling money of Great Britain account- 
ing each Pagoda Eight shillings £263. 9. 4^ or thereabouts and your Orator shews 
tli3 said Permoll Moodalare and Ram Chandrue have made a Breach in the said 
Contract or Obligation by receiving the whole revenues of the said Tobacco farm ever 
since the said Contract was made without ever accounting with your Orator for any 
part thereof though your Orator hath often and that in the most amicable manner 
requested them so to do. 

Your Orator therefore prays a General Relief touching the premisses such as 
to this Honourable Court shall appear agreeable to Equitv and good Conscience Is 
the End of the Bill. 

William Dumbleton 
Attorney for the Complainant. 



August 1 st . 1734 Madraspatnam. 

Whereas, by the accounts of the Tobacco farm sixty [six] hundred fifty eight 
Pagodas and Twenty four ffanams due to Tomby Chitty the Companys Merchant, is 
found deficient in the Cash thereof, We therefore deliver up our Right or part there- 
in to Tomby Chitty and do hereby Impower him to receive the whole produce of the 
said ffarm until he shall have been fully paid the said Sum of Six hundred fifty eight 
Pagodas twenty four fanams with Interest at nine 'fJ Cent. 

Permaul Executor of Poncla Kistna. 

Witness 

Ram ah Chendrue Conicoply 

Tripassure Marr Chitty. 
Rangamar Rangapah Chitty. 
drawn by Choliapah. 

Translated from a Cadjan said to be the 

Original. 

Joseph Githin 

Exam r . 



Pleadinqs in the Mayor's Court, 1744-45 



5™. June 1744. 

The Joint Answer of Parmaul Moodalare 
and Ramah Chendrue to the Bill of Complaint 
of Tomby Chitty of Madras Merch*. 

These Defendants saving and reserving to themselves all and all manner of 
Benefit and advantage of Exception to the manifold Errors Incertainties and Insuffi- 
ciencys in the Complainants Bill contained for Answer thereunto or to so much there- 
of as these Defendants are advised materially concern them to make answer unto 
they these Defendants answereth and saith. 

That they do admit the Complainant and the deceased Poncala Kisnah were 
partners in the Beetle and Tobacco farm, and they also admit that the Note or Obli- 
gation annext to the Complainants Bill was also given to the Intent and purpose 
hereafter mentioned. 

After the decease of Poncala Kisnah the Complainant came to these Defendants 
and said that the Deceased's Estate stood Indebted to him the Complainant in the 
sum of 658. 24 Current of Madrass and as Security for such money the Complain- 
ant desired these Defendants would assign over to him the Complainant a power 
to receive and Collect in the profits Rents and Revenues of the deceaseds proportion 
in the Beetle and Tobacco farm of which the Deceaseds had been a principal Partner 
and in Consequence of which there was remaining a Stock in the said Partnership 
which the Complainant desired might not be removed til his the Complainants De- 
mand was satisfied to which these Defendants Consented and to that Intent gave the 
Complainant the Note annext the Bill of Complaint the Tenor of which shews the 
Complainant had full possession of the said Beetle and Tobacco farm and kept the 
Cash thereof and it was therefore Impossible these Defendants could make any 
Breach in the said Contract. 

And these Defendants say that from the time such power was given these 
Defendants have never once Intermeddled with the said farm in any shape whatso- 
ever which is plain for if the Complainant was Injured why has he been silent so 
many years. 

In short the Complainant ought rather to render an account of his own Transac- 
tions in the said ffarm to the minor now of age the deceaseds son and who is the 
only person to whom these Defendants can be accountable as every [sic~\ done in his 
Minority was in his right only and these Defendants acted but as Executors, that 
the Executorship is now expired by the Minors being at age and these Defendants 
cannot be any longer made accountable to the said Estate but to the Minor only to 
whom these Defendants are ready to account for all past Transactions and to another 
person for the Justness of which plea these Defendants humbly appeal to the Judg- 
ment of this Honourable Court. 

All which matters and things these Defendants are ready to maintain and prove 
the same as this Honourable Court shall award and humbly pray to be hence Dis- 
missed with their reasonable Costs and Charges in this Behalf most wrongfully 
sustained. 

Henry Deveil 
Attorney for the Def. 



10 th . July 1744. 

The Replycation of Tomby Chitty of Madras 
Merchant Repliant, to the answer "of Permaul 
Moodalare and Ramah Chendrue of the same 
place Merchants Defendants. 

The Said Replyant saving and reserving to himself now and at all times here- 
after all manner of Benefit and advantage of Exception to the many Errors untruths 
uncertainties and Imperfections in the Defendants said answer contained for Reply- 
cation thereunto saith. 
1744-45—3 



10 Records oi Fort St. George 



That since the Defendants have admitted the Obligation to be Genuine it 
remains with them (in the humble Opinion of this Replyant) to discharge it or prove 
it has been discharged which this Defendant doth not in any wise admitt. 

The Consciences of the Defendants can assign a Cause why this Repliant has 
been so long silent in this Demand, which was no other than the repeated fair pro- 
misses of the Defendants from time to time to settle and adjust the accounts from 
whence the Ballance arose for which the Bond under Suit was given. 

The Defendants make use of a Law [lacuna] in hopes to screen themselves 
from being Compelled to do what is Equity Viz*. They say, the person who Con- 
tracted the debt sued for has a son and Heir alive, at age and capable to answer all 
demands at Law, and that he being arrived at age are no longer accountable to any 
other person than him, This plea the Defendants Introduce and appeal to this 
Honourable Court to support them in it. Tis Granted this plea may be good in 
Law, but at the same time that is admitted it must be observed that Equity was 
Intended for the Relief of the Law which sometimes stands in need of it as in the 
present Case, which stands thus : Here are two left Executors in Trust for the Heir 
of the Deceased, the Deceased stands Indebted on account to Tomby Chitty for 
which Ballance the Executors give a Bond to Tomby Chitty, thinking this Bond of 
sufficient Validity Tomby Chitty delivers the accounts by which the Debt appears to 
the Executors, some time after Tomby Chitty applies to the Defendants to pay off 
their Obligation since they had made a Breach in the Tenour of it by receiving the 
Revenues as were by the said Obligation made over to Tomby Chitty the Defendants 
putt off Tomby Chitty from time to time for a long while but when Tomby Chitty 
expects according to the Defend te . promise that the time is come where at he is to 
be paid, to his great surprize, he is told by the Defendants that they have delivered 
up their Charge to the son and heir of the deceased and that they were no longer 
accountable to any Body but him, with this Shuffle Tomby Chitty is sent to the Son 
and Heir who asks, which way the debt arose, Tomby Chitty shews his Bond, says 
the son and Heir that Bond is given by Permaul Moodalare and Ramah Chandru, but 
I do not see thereby that I am answerable, where are these Accounts upon which 
the Debt appears, Tomby Chitty answers, they are with Permaul Moodalare and 
Ramah Chendrue Replies the son and Heir produce them let me see, that the debt, 
be just, Tomby Chitty applies to Permaul Moodelare and Ram Chendrue for the 
accounts who make him the same answer as before that he must look to the Heir for 
payment, for they have nothing to do with any Body but him. In this manner 
Tomby Chitty has been trifled with and put off, One answers he is not liable to pay 
the Bond and the' other that they are not Liable to be called to an account by any 
Body but the Heir so that Tomby Chitty is in away of being paid by neither (The 
reason Tomby Chitty sues the Defendants and not the Heir, is because according 
to the Law of their Cast, the Defendants are obliged to pay the money upon the 
Obligation, and. according to the Laws of the Cast, the Defendants have not dis- 
charged their Trust as Executors till they deliver up all their accounts to the Heir 
and produce a Written Instrument under the hand of the Heir, in the nature of a 
General Release, Neither of which the Defendants have yet done and are therefore 
liable to pay Tomby Chitty s Demand. 

All which matters and things this Repliant is ready to averr maintain prove and 
Testifv as this Honourable Court shall direct and humbly prays as in and by his 



said Bill he hath already prayed. 



7 th . August "1744. 



William Dumbleton 
Attorney for the Replyant. 



The Rejoinder of Permall Moodelare and 
Ramachendrue Defendants to the Replication 
of Tomby Chitty of Madras, Complainant. 

The said Defendants saving and reserving to themselves, all manner of Benefit 
and advantage of Exception, to the Incertainty and Insufficiency of the said Reply- 
cation Saith. 



Pleadings in the Mayor's Court, 1744-46 11 



That these Defendants said answer is certain true., and sufficient in the Law to 
he replied unto and these Defendants also saith 

That what the Complainant calls an Obligation., is of a Quite different kind to 
that of a Bond for payment of money nor are these Defendants bound by any such 
writing to the payment of any such money. 

For these Defendants never received any Consideration for the Sum mentioned 
in the agreement, as is plain by the Tenor of the said Writing. These Defendants 
signed only as Executors and at the Complainants request not for money paid or 
received but for money said to be due to the Complainant from the deceaseds estate, 
and the agreement now under Suit was only given, as a promise the Complainant 
should be paid out of the profits arising from his share of the Beetle and Tobacco 
farm, and these Defendants never did touch part of such profits, but left them to 
be received by the Complainant in and towards the discharge of this very debt, and 
the Complainant Enjoyed the same Unmolested from the deceaseds death till the 
Expiration of the Cowl when the Deceased's property therein Ceased, but during 
all this time what has the Complainant done with those profits so arising from the 
said Farm, and which he hath Converted to his own use, and for securing which 
profits to his the Complainants Use the Agreement now under. 

In short the power of these Defendants as Executors is now at an End and 
these Defendants are ready and even desirous to deliver up all accounts to the Heir 
of the Deceased, who is now arrival to the age of Twenty one years, he both sues, 
and is sued, in this Honourable Court, which prevents these Defendants being any 
longer answerable for the said Estate, to any but himself these Defendants can no 
longer receive on account of the said Estate, and surely Equity will not Compell 
these Defendants where they cannot receive, these Defendants are and always have 
Been ready to deliver up an account of their Trust when the deceaseds Heir will 
call thein to an account, and to him alone these Defendants are accountable, if these 
Defendants signed any obligation during the Heirs Minority, it was in his Eight 
and on his behalf and he is now accountable for his Executors actions and they 
accountable to him. 

As to the Heirs pretence made to the Complainant, that the Executors Trust 
is not delivered in, we answer, we desire he would call upon us, the Accounts are 
already for his Inspection, and only wait for his Demand, and these Defendants do 
again Declare they will no longer pay or receive on Account of the said Estate, nor 
is there any Effects left so to do in these Defendants hands, and no Executor is 
obliged to pay any further then the estate will extend which is the Tenour of an 
Executors Oath and when the Effects are gone the Executors must be acquitted in 
Law and Equity, if the produce of the said Estate, hath been misapplied the Execu- 
tors are accountable to the Heir and him only. 

And these Defendants say as in and by their said Answer they have already 
said and does and will aver and maintain, all and everything and things there con- 
tained to be true and certain in such manner and form as is therein and thereby set 
forth alledged and expressed. 

Henry Deveil ' 

Attorney for the Defendants. 



Interrogatories to be administred to such 
Witnesses as shall be produced Sworn and 
Examined on the part and behalf of the Com- 
plain*, in a certain Cause wherein one Tombv 
Chittv is Complaint and Permaul Moodelare 
and Ram Chundrue are Defendants. 

To all the Witnesses Imprimis Do you know all the parties Complainant and 
Defendants in this Cause, or either and which of them and how long have you known 
them or Either and which of them Declare. 
1744-45—4 



12 Records of Fort Si. George 



To Tomby Charpullee and Palliapah Chitty Item. Did Poncla Kistnoma 
Naigue to your knowledge stand Indebted to the Complainant any Sum or Sums of 
money. If yea, how arose the debt, and what methods have been taken to discharge 

them by Poncala Kistna's Extors. Do you know of any Agreement Bond being 
given by one of the Contending parties to the other (if yea) what was the purport 
of such Bond, and to what Intent was it given, how stands the affair of the Beetle 
and Tobacco Farm, and who has received the Revenues thereof since the Decease 
of Poncala Kistna Declare. 

To all the Witnesses Item. Do you know or can you say any other matter or 
thing Material for the Complainant in this Cause (if yea) set forth the same as vou 
know, have heard or do Believe, with such the manner of vour knowledge and belief 
Declare. 

William Dumbleton 
Attorney jor the Complainant. 



Mayors Court a 

r ADRASPATNAM 



"} 



Between Tomby Chitty ... Complainant 
and Permaul Moodelare and Eamah Chendrue 
Def te . 

Depositions of witnesses in this Cause taken by and before the Examiner in this 
Court as follows. 

Tomby Charpullee of Madras Conicoply to Tomby Chitty aged 42 years or 
thereabouts being produced as a Witness in this Cause on the part of the Complain- 
ant was on the 22". day of November 1744 shewn at the Office of M r . Henry Deveil 
Attorney for the Def*. by Connecapa who left a note of the name Title and place 
of abode of the said Tomby Charpullee and afterwards being Sworn and Examined 
Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he knows the parties 
Complainant and Defendant in this Cause and hath so known them 15 years or 
thereabouts. 

2 d . To the 2 d . Interry this Dep*. Saith That he knows Poncla Kistnamah 
Naigue did stand Indebted unto the Complainant on account of the To- 
bacco Farm for a part of the Revenues which he had received and not 
paid into the Common stock he further saith that Poncla Kistnama 
Naigues Executors in order to redress the Complainant gave him an 
Agreement whereby they Impowered him to receive the whole Duties 
of the said Farm till he had recovered the Deficiency that he knows not 
how the affair of the Beetle and Tobacco Farm stands neither can he 
say who has received the Revenues thereof or further to this or the last 
Interrogatory. 

Tomby Charpullee 
Joseph Githin 

Exam r . 

Palliapah Chitty of Madras Shroff aged thirty years or thereabouts being 
produced as a Witness in this Cause on the part of the Complainant and afterwards 
being Sworn and Examined deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he knows the Com- 
plainant and hath so known him 20 years and the Defendant he hath also known 
20 years or thereabouts. 

2 d . To the second Interrogatory this Deponent saith That he knows Poncla 
Kistnama Naigue did stand Indebted to the Complainant for part of the Duties of 
the Beetle and Tobacco Farm, He further saith, that he heard Poncla Kistnama's 
Executors gave an Agreement to the Complainant whereby they Impowered him to 
receive the whole Duties of the said Farm until Poncla Kistna'mas debts were dis- 



Pleadings in the Mayor's Court, 1744-45 13 

charged which appeared to be Six hundred and odd Pagodas, when his accounts 
welre Ballanced after his decease, This Deponent further saith That he heard 
Permaul Moodelare, one of the present Defendants has received the Revenues 
of the said Farm since the decease of Poncla Kistnama by the Complainants 
and Narrain Chittys order, and more saith not to this or the last Interrogatory. 

Polliapen. 
Joseph Githin 

Exam 1 '. 



Mayors Court at 
Madraspatnam. 

Tuesday the 26 th . day of March Anno Dmo 
1745. Between Tomby Chitty of Madras 
Merchant Compl*. and Permoll Moodelare 
and Ram Chendru (Executors of the last 
will and Testament of Poncala Kistna 
deceased of the same place also Merchants 
Defendants. 

This Cause coming on this day to be heard and debated before this Court 
in the presence of the Defendants and the Attorneys on both sides, on hearing 
the Complainants Bill with Translate of a Cad j an bond or Deed of assignment 
under the Defendants hands dated the 1 st . August 1934 for Pag s . 658. 24 f s . 
thereto annext, The Defendants joint answer, the Replycation and Rejoinder 

also the proofs taken in this Cause on the part of the Complainant (the Deft 
not having produced any) read, and on Examination of the matters in this 
Cause, what was alledged on either side, and due Consideration had thereon, 
This Court doth therefore think fit to order and Decree, and doth accordingly 
Order and decree, that the Complainants Bill do stand dismissed out of thi? 
Court, and that each party do pay their own Costs of Suit. 

f Cur 
Noah Casamajor 
Ref. 



14 th . August 1744. 

To The Honourable The Mayors Court at Madraspatna i. 

Humbly Complaining sheweth unto this Honourable Court your Orator 
John Scott of Madraspatnam Mariner, That Poncala Ravanapah also of the 
same place Dubash now being within the Jurisdiction of this Honourable Court, 
did on a certain Bond or Writing under his Hand bearing date the 6 th . day of 
August which was in the year of our Lord 1743 borrow of your Orator the full 
and just sum of 75 Pagodas Current of Madras, which sum was to run at Res- 
pondentia on the Brigantine Jellesinga [sic] Permoll of which Joseph Hendrick 
Kalderman was then said to be Chief Mate (but happ'ned not to go as such the 
Voyage from the Port of Madras aforesaid to that of Arracan and back again 
at the Rate of 25 $ Cent, and he the said Poncala Ravenapah did thereby 
oblige himself his Heirs Executors &c. to pay unto your Orator or his Assigns 
upon the safe Arrival Brigantine Tellisinga Permoll at the aforesaid Port of 
Madras the above mentioned sum with the Respondentia that should be due 
thereon, at or before Twenty one days after the safe Arrival of the said Brigan- 
tine, and in Case of the Loss of her such an Average as by Custom should he 
due on the salvage as in and by the said Bond or Writing in your Orators Cus- 
tody ready to be produced as this Honourable Court shall direct will appear 
1744-45—5 



14 Records of Fort St. George 

and your Orator further shews that the said Brigantine did perform the said 
Voyage and Arrive at the said Port of Madras on or about the 29 day of June 
last past and that your Orator hath demanded his said principal and Premium 
pursuant to the Tenor of the said Bond or Writing, but the said Poncala Pava- 
napah refuses to pay your Orator pretending that it was agreed between him 
and your Orator, That he your Orator should sail from Arracan aforesaid with 
the said Vessell on or before the 30 th . of December last past for this Port of 
Madras, which he did not, and by which Neglect or delay he the said Poncala 
Ravanapah hath suffered a Considerable Loss by the Damage which the said 
Vessell hath Sustained But Your Orator humbly apprehends that in Equity 
he cannot be bound by the said Agreement nor ought he any way to be Answer- 
able for the Consequences that attended the Breach of it seeing that he did 
all that was in his power towards the performing it, and that it was rendered 
impossible for him so to do by an After Act in the Noquedah Kyculla Vencatta 
Putty, who had a Superior Command over him. The agreement being founded on 
a Supposition, that the said Noquedah was to say at Arracan aforesaid But when 
your Orator acquainted him the said Noquedah that according to Agreement 
with the said Poncala Pavanapah he was on the said 30 th . day of December at 
farthest to deliver the said Vessell to him to be brought to Madras, the said No- 
quedah refused so to do, so that your Orator having no power to Compell the deli- 
very of the Vessell, in Vindication of himself protested against such proceedings 
as by a Translate of such protest hereunto annext will appear on the thirteenth 
* day of March at Arracan aforesaid the said Noquedah with one Changleriah 
another Noquedah on Board the said Vessell gave your Orator and the Second 
Mate a Certificate declaring that the disability in performing such Agreement 
or Obligation was occasioned by the King of Arracan's detaining of them, Trans- 
late whereof is also hereunto annexed by which he humbly hopes his Conduct as 
to the said Agreement will be Sufficiently Justified, Your Orator further Shews 
That according to the Priviledge allowed him at the Commencement of the said 
Voyage he carried an adventure consisting of peice Goods with him. which the 
said Kyculla Vencaty putty & Changleriah at Arracan aforesaid purchased, agree- 
ing to give your Orator one Hundred ^ Cent on the Invoice of them, which 
Sale amounted to one hundred and Fifty Pagodas Current of Madras, and which 
said Peice Goods the said Kyculla Vencaty putty and Changleria Sold to or 
trucked with the King of Arracan aforesaid, and had in return for the same a 
parcel of Elephants Teeth your Orator further Shews that the said Kyculla Ven- 
catty putty having detained the said Vessell at Arracan aforesaid, till the Season 
render'd it much more difficult to obtain a passage than, otherwise it might have 
been, had the Vessel Saild from Arracan at the time fixed by agreement when 
Meeting with bad whether [sic] the said Vessel Sprung a Leak So that your Orator 
with Gabriel Carvalho the Second Mate or Pilot on Board of her deeming it impracti- 
cable to reach the Port of Madras agreed with the unanimous Consent of the said 
Noquedah' s and her Crew to make the first Port they could which happened to be 
that of Bamapatnam to the Northward of the Port of Madras, at which Port your 
Orator being about to leave the said Vessel Demanded Payment of the said Kyculla 
Vencatty putty & Changleriah for his peice Goods so Sold them at Arracan as 
aforesaid, to which they replied that they had not Money to pay him, but that they 
would Settle the Vessel's Account with him and pay him the Ballance in Elephants 
Teeth (they being the produce of his own Goods) to which adjustment of Accounts 
vour Orator Consented as by a Copy thereof hereunto annexed will appear, and. 
for the Ballance thereof being Pagodas One hundred and Seventy reced. 24 Teeth 
Weighing 497 pound which Teeth he put on board a Country Boat and arrived with 
them at Madras on the 24th day of June last and on the" 26th day of the Same 
Month, the said Poncala Kavenapah Seized on, and has detain'd the same as pretend- 
ing they were his property and that the Noquedah's had no Eight to dispose of them. 
But now so it is may it please this Honourable Court your Orator is not able to 
•obtain relief in the premisses either on Account the said Eespondentia Bond or 

* [India Office Typescripts.'] 



Pleadings in the Mayor's Court, ViM—l-i i-3 



Elephant's Teeth. To the End therefore that the said Poncala Eavenapah may upon 
his Corporal Oath true and perfect answer make to all and Singular the Matters and 
things as are hereintofore Setforth as fully truely and effectually to all intents and 
purposes as if the same was here again repeated and Interrogated. And more 
particularly that he may Setforth and say Whether he did not give such Bond or 
Writing, at Eespondentia as aforesaid and whether the said Noquedah's or either 
of them were not part Owner, or part owners of the said Vessell, and what Authority 
they had to dispose of her outward bound Cargo and purchase a returning one, and 
whether they had any and what discretionary Power, authority or Priviledge as 
Noquedah's of the said Vessel or otherwise of their Own. And that the said Poncala 
Eavenapah may be Decreed to pay Your Orator the said Sum of Pagodas Seventy 
live together with the Preemium of Twenty five $ Cent due thereon, and also the 
sum of Pag s . One hundred and Seventy, for the said Elephants Teeth being the 
price he took them at with Interest thereon, or that he may return the very same 
Teeth, and that your Orator may have such further and other relief in the premisses 
as Shall be agreeable to Equity and good Conscience. 

Bob 1 *. Sloper, 
Attorney for the Complainant. 

We under named do hereby Certify and Declare, that the Brigantine call'd 
1'ellesinga Permoll departed from the dock in the Month of December and came to 
an Anchor in Sight thereof where she rode on four Hawsers by the Noquedah's 
order untill the Salt in the Banksall was Sold, and one Evening came Eamah on 
Board the Brigantine and we ask'd him, when the Noquedah woud load the Brigan- 
tine & the s d . Eamah answer 'd, us before all the officers and Lascars of the Brigan- 
tine, that the Noquedah has kept the letter, which the Owner sent to the King of 
Arracan, and the said Eamah does Say that he had Sent his man before the officers 
and Lascars of the said Brigantine to his house to fetch the said letter and Shewd it 
to us in the presence of Brigantine officers and Lascars, and we ask'd Eamah how 
the Noquedah could hide the Letter of the King, to which the said Eamah reply'd 
that the Noquedah had contracted with the King to keep two People in Arracan 
nam'd Chinglarayah & Comrapah, and the said Chinglarayah desired to have a 
Woman during the time he resided in Arracan, accordingly the Noquedah bought 
a Wench for Thirty five Eupees by the Kings leave, and first acquainting him that 
Chinglarayah desired that Wench, which the King gladly Consented to, and pro- 
mised to give one hundred maunds of Elephants Teeth and a Cargo to load the 
Brigantine with saying that although Bavonapah has not Sent him a letter accom- 
pany'd with so great a Present as was Expected, yet with all possible alacrity, the 
Vessel should be Loaded, so as to be dispatch'd by the beginning of January for 
Madras That day the Noquedah waited on the head Chakia and told him "what 
pass'd between him and the King, whereupon the head Chakia also took it upon 
him to Speak to the King in his behalf to be as Expeditious as possible, and the 
King assured the head Chakia so to do, if the said Noquedah would perform his 
promise in resigning to the King those Persons at Arracan, which performance the 
Kins would Comply with what he has already promised him and the head Chakiah 
assured the King upon the Noquedahs word that the two People Should Stay in 
Arracan, So that the King repeated his promise in giving the aforesaid Goods and 
dispatching the Vessell in the beginning of January to Madras, in order to bring 
on his Account Silver and Lead agreeable to their Engagement on their return in 
the Month of April, which the said Noquedah divulged and all the Brigantine's 
Crew heard it, Since that time the Noquedah was Seized with a fever, So that Eamah 
used to go and speak to the King concerning the Cargo he had promised for the 
Brigantine. and in this juncture diyd one Comrah and the Kins ask'd Eamah where 
are those People which the Noquedah promised to keep there, and Ramah answer'd 
that Comrah was deceased and there Eemains Chingalrayah and the Noquedah Sick" 
and Eamah promised^ the King to bring the Noquedah's answer, and the Noquedah 
asked Chingalrayah, if he would stav and he said he would not: three days afterw ds 
the Noquedah sent to tell the King that he could not leave his people there, and that 
he did not want for a Cargo of the Vessel, nor what the Kin? promised, and desired 
to Settle accounts with him, and the King gave the Noquedah no more audience in 
1 744-45— 5 A 



16 Records of Fort St. George 



the Place nor adjusted his Accounts because he fail'd in his word, which has been 
the Occasion of so great a delay, & he invested some Money in precious Stones and 
Gold, which Kamah and his Boy discover'd by want of Money to dispatch the 
Vessell, when We Protested against the Noquedah that the limited time of our 
agreement was over, and asked him when will be our departure, his answer was 
that he knew not when, to which we reply 'd that if we had money only to pay our 
men we could repair on board the Vessel and set Sail, and the Noquedah's Expres- 
sions were that, how could we Sail when he was both Noquedah and owner of the 
Vessells that he gave us no Wages. In Witness whereof we have hereunto set our 
hands. 

Eamah 1m mark . 

Syrang Abdull Oadur his mark. 

Hallabox great Findalt his mark. 

Adamge Soucan his mark. 

Mandlla his mark . 

Sucan. 

Leonardo Vieira. 
Mansel Cardozo. 
Francisco Eodrigues his mark 

13th. March 1743/4. 

Whereas by a Bond to the Chief and Second Mates We are obliged to dispatch 
the Sloop by January last Now this is to Certifie that the King of Arracan has 
disenabled us to perform such our Obligation by detaining us till this present Date. 

Witness Chengoldraien. 

Obdalla Katha. Vencatopathe., 

Obdalla Katha, a Syrang. 

Joseph Githin. 
Exam r . 



Translated from a Cadjan said to be the Original. 



Pleadings in the Mayor's Court, 1744-45 



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18 Records of Fort St. George 



25 th . September 1744. 

The Answer of Poncala Eavanah Merchant of Madras 
Complainant To the Bill of Complaint of John Scott 
of the said place Marriner. 

The Said Defendant Saving and reserving to himself all manner of benefit and 
advantage of exception to the manifold errors incertaintys and insufficientcys of the 
said bill contain' d for answer thereunto or to so much thereof as this Defendant 
is advised Materiany concern him to make answer unto, he this Defendant answereth 
& Saith 

That as to the Eespondentia Bond this Defendant admitts and allows it to be 
Just for all other Accounts said to be had with the Noquedah Lett him the Com- 
plainant Account with the Noquedah for them and this defendant admits to be 
possessed of the Elephants teeth and humbly conceives it is part of the Cargo_& 
therfore the owners right and property, and this Defendant denys to account with 
the Complainant with any thing, but his respondentia for the following reasons 
Viz*. 

First Because the Complainant has compell'd a payment of the owners cargo 
for a Debt not Contracted for the Owners use nor advantage. 

Secondly tis plain the Complainant with the other Mate came more by design 
than chance into Eamnapatam by making up their Accounts at that distance Leaving 
the Vessell without any officer but the Syrang concealing the Ships cargo & sending 
it in a private manner to Madras and taking the advantage of that distance to screw 
the Noquedah 's out of what they pleased. 

Thirdly they left the Vessell without an officer when they Could as well have 
brought her up hither and accounted with the owner if any demand was to be 
made. 

Fourthly The Complainant and his Brother was privey to the concealing the 
Letter to the King of Arracan when they ought to have discover 'd it to the King 
for that by their own Declaration they were Shewn the Letter and told it was to be 
conceal'd insomuch that the Vessell by that foul Ommission was return'd back with 
half her Cargo. 

Fifthly This Defendant humbly Conceives he is answerable only for the res- 
pondentia bonds and is to have all the Cargo Deliver'd up to him as by an award 
bearing date 30th of July 1744 Lately Given in to the Hon'ble Nicholas Morse Esq r . 
and humbly Presented for the Inspection to this honourable Court. 

Sixthly and Lastly this Defendant declares solemenly, the Noquedahs had no 
General power but was ty'd down by that letter they so Unjustly Conceal'd nor 
had any title either to Buy or sell the Cargo and was only to receive it and Safely 
Convey it Heither so that if the Complainant has purchased any Elephants teeth 
they are purchased of a person who had no authority to Sell or Exchange for his 
Unecessary Contracts which does not Conduce to forwarding the Vessell or Cargo 
nor had the Noquedah' s Occasion for any such Goods having an outward bound 
Cargo of 2990 pagodas which was sufficient to supply the Vessell with any thing 
useful! Besides the Complainant in Breatch of his Contract. Under hand did 
remain three Months after the time limitted by his obligation ready to be produced 
as this honourable [Court] jshall Direct and by which Breatch of Contract the Com- 
plain*, cannot in conscience demand Wages for such Disobedience and therefore this 
Defendant humbly Conceives he is not answerable for such. 

AH such matters and things this Defendant is ready to aver maintain and prove 
as this honble Court shall Direct and humbly prays to Be hence Dismissed with his 
reasonable Cost in this behalf most wrong-fully Sustained. 

Henry Deveil, 
'Attorney for the Defendant. 



Pleadings in the Mayor's Court, 1744-^45 19 



Replication t 

& L General. 

Eejoynder. J 

Interrogatories to be administred to such Witnesses as 
shall be produced Sworn and Examin'd on the part and 
behalf of the Complainant in a Certain Cause wherein John 
Scott is Complainant & Poncala Eavenapah is Defendant. 

1 st . To all the Witnesses, Do you know the parties Complainant and Defen- 
dant or either and which of them and how long have you known them Declare. 

2 d . To Ciculla Vancaty Putty & Changleriah, Do you Remember to have 
been at any time, and when a Voyage at Sea in any, and what Vessel with the Com- 
plainant what Station or officer was the Complainant in, and what was your's, where 
was such Voyage prosecuted from and to who had the Command of that Vessel, 
was you or was you not an owner in the Vessell if you was, what, Interest had you 
therein, Do you know the Paper writing Marked A and the Cadjans marked C & D 
now produced at this your time of Examination what do the Same Severally purport 
to be was there any Compulsion used in obtaining of them Cadjans or were they 
given by free consent ; Had the Complainant or had he not in his Custody or Power 
any Letter from the Defendant to the King of Arracan, that you know of or believe, 
or did he ever to your knowledge or beleif do any thing unworthy of his office 
during the Voyage, Did you or did you not purchase any Goods of the Complainant 
on your own Bottom, or in conjunction with any other person, and whom, and to 
what amount, Did you sell such Goods, how was the produce thereof apply'd and 
how did you make your Accounts up with the Person you bought the same off, 
Did you, or did you not on Buying of such Goods give to the Seller any and what 
Note Bond or other Security, for the Payment of the purchase Money, if so had 
you the same ever Delivered up to you on any, when, and what consideration 
Declare. 

3rd. To Manoel Cardozo & Ramah, Were you at any time and on what Vessel, a 
Voyage at Sea with the Complainant, what employ had you in that Vessell, who had 
the Command of her, was you present at the adjustment of any Accounts between 
the Complainant and her Commander, if so how the same was adjusted Declare. 

4 th . To Abdul Cauder Lenardo Viara Manoel Cardozo & Ramah, Do you 
know the paper Writing marked B now produced and shewn to you, if so, what does 
the same purport to be, have you signed the same, who else besides your self signed 
thereto with their additions Declare. 

5 th . To Ramah, Do you know the Cadjan now produced to you Marked C, how 
do you know the same, and what does it purport to be Declare. 

6 th . To Abdul Cauder, Do you know the Cadjan Marked D now produced unto 
you at this your Examination, how do you know the same, and what does it purport to 
be, who else besides yourself has signed the same was the same given by a General 
Consent, or only by a few of the Vessels Company Declare. 

7 th . To all the Witnesses, Do you know any other matter or thing Material 
for the Complt., in this Cause if so, the same according to the best of your know- 
ledge remembrance and beleif Declare. Rob t Sloper 

Attorney for the Complt. 
Mayors Court at Madraspatnam. 

Between John Scott Complainant. 

and 
Poncala Ravenapah Defendant. 

Depositions of Witnesses in this Cause taken by and before the Examiner in 
this Court as follows. 

Ciculla Vencaty Putty of Madras late Noquedah of Ship Tellesingar Aged 
45 years or thereabouts being produced as a Witness in this Cause on the part" of 
the Complainant was on the 7 th . day of February 1744/5 Shewn at the office of 
M r . Henry Deveil attorney for the Defendant by Connecapa who left a Note of the 
Name Title and place of abode of the said Ciculla Vencatyputty and afterwards on 
ih'e Same day being sworn and Examined Deposeth as follows. 



20 Kecords of Fort St. George 

I st . To the first Interrogatory this Deponent Saith That he hath known the 
Complainant 2 years and the Defendant 20 years or thereabouts. 

2 d . To the Second Interrogatory this Deponent saith That he was a voyage at 
Sea about two years ago in the Ship named Tellesingar Permaul with the Complainant 
who was Second Mate of the said Ship and this Deponent was Chief Noquedah, 
Thai the Voyage was prosecuted from this Port to that of Arracan, and that this 
Deponent and one Chengoldraiah had the Command of the Vessel wherein this 
Deponent was three eights concerned. He further Saith, that he knows the paper 
writing Marked A as also the Cadjans Marked C. & D. shewn him now at this the 
time of his Examination that the paper Writing Marked A is a Pass or Licence for 
this Deponent and People to Navigate and trade with the said Vessel in India, 
That the Cadjan Marked C is a Certificate given by this Deponent and said Chengol- 
draiah to the Mates as a justification to them for the Ship's not Sailing in January 
it being detained till March by the King of Arracan, and that the Cadjan Marked D 
is an order given by this Deponent and the said Chengoldraiah to the Mates to 
carry the Ship to Metchlepatam being hindred by a Storm from bring n s. the Vessel 
to this Port That no Compulsion was used in obtaining these Cadjans they being 
given by the free consent of this Deponent, and the said Changoldraiah He also 
Saith, that he knows not of any Letter the Complainant had from the Defendant to 
the King of Arracan, neither did the Complainant to this Deponent's knowledge 
do anything unworthy of his office during the Voyage. This Deponent further 
Saith That he and the said Chengoldraiah did purchase Goods of the Complainant 
and Gabriel Carvalho the Chief Mate, on either own and the Defendant's account 
and gave a Bond as Security for the payment of the Sum of Three hundred and 
Forty Pag s . the amo*. of y e . value of the Goods That they Bartered the said Goods 
for Elephants'? Teeth with which they made up their accounts with the Mates who 
on the receipt thereof delivered up their Bond as above and more Saith not to this 
Interrogatory. 

To the last Interrogatory this Deponent saith That on the Arrival of the 
Vessel at this port the Defendant seized on the Elephants Teeth belonging to the 
Mates whereon Arbitrators were appointed to decide the affair which they deter- 
mined in favour of the Defendant and more Saith not. 



The Mark of Ciculla Vencataputtye. 



Joseph Githin, 

Exam r . 



Chengoldraiah of Madras Conicoply aged 27 years or thereabouts being 
produced as a Witness in this Cause on the part of the Complainant and afterwards 
being Sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent Saith that he hath known the Com- 
plainant 2 years and the Defendant 20 years or thereabouts. 

2 d . To the Second Interrogatory this Deponent saith, That he was a Voyage at 
Sea about a year and an half ago in the Ship Named Tellesingar Permaul with the 
Complainant, who was Second Mate of the said Ship, and this Deponent was Second 
Noquedah That the Voyage was prosecuted from this port to that of Arracan, and 
that this Deponent and one Ciculla Vencatyputty had the Command of the Vessel 
wherein this Deponent was one Eighth concerned, He further Saith that he knows 
the paper writing Marked A as also the Cadjans Marked C & D Shewn him now at 
this the time of his Examination That the paper Writing marked A is a Pass or 
Licence for the said Ciculla Vencataputty and people toNavigate and trade with 
the said Vessel in India, That the Cadjan Marked C is a Certificate given by the 
said Ciculla Vencataputty and this Deponent to the Mates as a justification to them 
for the Ships not Sealing in January it being detained till March by the King of 
Arracan and that the Cadjan Marked D contains an Order whicK the said Ciculla 
Vencata putty and this Deponent gave the Mates to carry the Ship to Metchlepatam 
being hindred by a Storm from bringing the Vessel to this Port, That no Compul- 
sions was used in obtaining of these Cadjans they being given by the free consent 
of the said Ciculla Vencataputty and this Deponent He also saith that he knows not 



Pleadings in the Mayor's Court, 1744- lb 



21 



of any Letter the Complainant had from the Defendant to the King of Arracan 
neither did the Complainant to this Deponent's knowledge do any thing unworthy 
of his office during the Voyage, This Deponent further Saith that the said Ciculla 
Vencataputty and this Deponent did purchase Goods of the Complainant & Gabriel 
Carvalho the Chief Mate, on their own and the Defendant's Account to the amount 
of Three hundred and Forty Pagodas and gave a Bond as Security for the payment 
thereof That they Bartered the said Goods for Elephants's Teeth with which they 
made up their Accounts with the Mates allowing the Teeth at an hundred and 
Seventy Pagodas p. Candy That the Mates on the receipt thereof delivered up their 
Bond and more Saith not to this or the last Interrogatory. 

Chengoldraiah. 

Joseph Githin, 

Exam r . 
Manoel Cardozo of Madras Mariner aged 38 years or thereabout being pro- 
duced as a Witness in this Cause on the part of the Complainant and afterwards 
being sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith That he hath known the 
Complt. one year and the Defendant 25 years or thereabouts. 

3 d . To the third Interrogatory this Deponent Saith, That he was a Voyage at 
Sea with the Complainant on the Ship named Tellesingar Permaul but had no Employ 
therein That he was a Passanger on board and that Ciculla Vencatyputty had the 
Command of the Vessel he further Saith, That he was present at an agreement made 
between the said Ciculla Vencataputty and the Mates Viz*, the Complainant & 
Gabriel Carvalho which was as follows, The said Ciculla Vencataputty agreed to 
take the Mates' s Goods and to pay them an hundred p. Cent on their Invoice on 
the Arrival of the Ship at this port, but cannot further say in regard to any other 
adjustment of accounts between them. To the fourth Interrogatory this Deponent 
Saith that he knows the paper writing now Shewn him at this his Examination 
Marked B That it is a Protest drawn by the Mates against the Commander of the 
Vessell and is signed by this Deponent as also by Lenardu Viara, Eamah, Abdul 
Cauder Syrang, Allova Koss Head Tindall, Adam Gee, Mannoola and Francisco 
Eodrigo and more saith not to these or the last Interrogatory. 

Manoel Cardozo. 
Joseph Githin, 

Exam T . 

Eamah of Arracan Merchant aged 35 years or thereabouts being produced 
as a Witness in this Cause on the part of the Complainant and afterwards being 
Sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent Saith That he knows the parties 
Complainant and Defendant and hath so known them 2 years or thereabouts. 

3 d To the third Interrogatory this Deponent Saith, That he was a Voyage 
at Sea with the Complainant on the Ship named Tellesingar Permaul That he was a 
Freighter on board and that Ciculla Vencataputty had the Command of the Vessel. 
He further saith that he was present at the adjustment of accounts between the 
Complainant & the said Ciculla Vancataputty which was adjusted as follows, The 
said Ciculla Vancataputty returned the Complainant Elephants's Teeth to the 
Amount of the Sum Agreed on between them for the Goods he had purchased of 
the Complainant. To the fourth Interrogatory this Deponent Saith that he knows 
the paper Writing Marked B now produced and Shewn him That it is a protest, 
drawn by the Mates against the Commander of the Vessell and is signed by this 
Deponent and others whose Names he cannot recollect neither can be read them 
being not acquainted with the Language they are wrote in. To the fifth Interrogatory 
this Deponent saith. That on hearing the Cadjan Marked C he remembers to have 
heard that a Cadjan to that purport was given the Mates to justifie them for the 
Ships being detained — and more Saith not to theso or the last Interrogatory. 

_ Ramah. 

Joseph Githtn, 

ExamT. 
1744-45—6 



22 Records of Fort St. George 



Lenardu Viara of Madras Marriner aged 30 years or thereabouts being pro- 
duced as a Witness in this Cause on the part of the Complainant and afterwards 
being sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent Saith That he hath known the 
Complain*. 10 years and the Defendant one year or thereabouts. 

4 th . To the fourth Interrogatory this Deponent Saith, That he knows the 
paper writing Marked B now produced and Shewn him, That it is a protest against 
the Commander of the Vessel drawn by the Mates and signed by this Deponent as 
also by Mannoel Cardozo, Eamah, Abdul Cauder Syrang, Allova Koss Head Tindall, 
Adam Gee Mannoola and Francisco Eodrigo and more Saith not to this or the last 
Interrogatory. 

Leonardo Viera. 
Joseph Githin, 

Exam r . 
Mayors Court at Madraspatnam. 

Tuesday the 2 d . day of April anno Domini 1745 Between 
John Scott of Madraspatnam Mariner Complainant and 
Pencala Eavenapah of the Same place Dubash Defendant. 

This Cause coming on this day to be heard and debated before this Court in 
the presence of the parties and their attorneys on both sides, On hearing the Com- 
plainants Bill & Translates of a protest and of a Certificate and an Account Current 
Ps. 263-27 f-. thereto annext, The Defendants Answer, the Eeplication and Eejoynder ; also the 
proofs taken in this Cause on the part of the Complt. the Defendant not having 
produced any/Eead. and on Examination of the Matters in this Cause, what was 
alledged on either side and due consideration had Thereon, This Court doth there- 
fore think fit to order and Decree and doth accordingly order and Decree, That the 
Defendant do pay unto the Complainant the full and just Sums of ninety three 
Pagodas twenty Seven fanams, being the Principal Money & Preemium thereon 
of the Eespondentia bond for which the plaintiff sues, and also the further Sum of 
one hundred and Seventy pagodas being the amount of the Elephants Teeth taken 
by the Defendant from the Complainant, making together the Sum of Two hundred 
Sixty three Pagodas twenty Seven fanams Current of Madras, together with Such 
interest from the 26 th . June 1744 after the rate of eight p. Cent p. annum as now 
is or shall hereafter become due thereon until full payment is made and also the 
Costs of this Suit. 

p. Cur. 

Noah Casamaijor, 
Regr. 

14' ra . Augusv 1744. 

To the Honourable the Mayors 

Court at Madraspatnam. 
Humbly Complaining Sheweth unto this honourable Court your Orator Gabriel 
Carvalho of Madraspatnam Mariner, That he having shipped as a Pilot on the 30th 
day of August 1743 on board the Brigatine Tellesinga Permoll by Poncala Eavena- 
pah also of this place Dubash, on a voyage from this Port to that of Arracan and 
back again to this of Madras, at which Port Kyculla Vencaty putty and Changleriah 
Noquedah's of the said Vessel Purchased of your Orator his Priviledge or adventure 
Consisting of peice Goods to the value of Pagodas 125. 11. 28 the first Cost as will 
appear by an Account particulars hereunto annexed, for which the said Noquedah's 
was by Agreement to pay Your Orator an advance of one hundred p. Cent so that 
the Sale thereof amounted to Pagodas Two hundred & fifty, Twenty two fanams & 
fifty six Cash which said pejce Goods the said Kyculla Vencatty putty and Changle- 
riah Sold to or Trucked with the King of Arracan and received Elephants Teeth 
in return for the Same, and your Orator further Shews That when they had been 
Ten days at Sea or there abouts on their return from Arracan aforesaid He de- 
manded of the Noquedah's how he should be paid for his said Goods, when the said 
Noquedah's delivered him one Candy of the said Teeth, whereon he put his own 



Pleadings in the Mayor's Court, 1744-45 23 

Mark, and also Two Garse of Eice, with this Agreement in writing that if the said 
Teeth and Rice should sell for more than was due to pay the said Noquedah's the 
Surplus, and if they should fall short then the said Noquedah's were to make the 
deficiency good. And your Orator further Shews That they could not with Safety 
reach the Port of Madras as was intended, but were obliged through the leakiness 
of the said Vessel to put into that of Eamapatnam where the said Eice was Sold and 
your Orator received the Sum of Pagodas 117. 25. 16 on account of the Same as 
by the account Current adjusted between them and hereunto annexed will appear, 
and for the Ballance thereof Pagodas 170 Your Orator took the said Candy of 
Elephants Teeth and delivered up the said Agreement to the said Noquedah's which 
said Teeth he put on board of a Country Boat and arrived with them at Madras 
on the 24th day of June last and on the 26th day of the same, the said Poncala 
Ravenapah Seized on and has detained the same as pretending they were his pro- 
perty and that the said Noquedah's had no right to dispose of them. But now so 
it is may it please this honourable Court your Orator is not able to obtain any relief 
in the premisses To the End therefore that the said Poncala Eavenapah may upon 
his Corporal Oath true and perfect answer make to all and singular such Matters 
and things as are herein before setforth as fully truely and effectually to all intents 
and purposes as if the same were here again repeated and Interrogated, and more 
particularly That he may set forth and say whether he did not take, Seize and keep 
the said Teeth in Manner and form aforesaid or in what other manner, and why 
and by what Authority he did so as also whether the said Noquedah's or either 
of them were not part owner or part owners of the said Vessel and what authority 
they had to dispose of her outward bound Cargo and Buy a returning one, and 
whether they had any, and what discretionary Power, authority or priviledge as 
Noquedah's or otherwise of their own, and that the said Poncala Eavenapah may 
be_ Decreed to pay_your Orator the said Sum of Pagodas one hundred and Seventy 
being the price they Cost him with Interest thereon, or that he may have Such 
further and other releif in the premisses as Shall be agreeable to Equity & good 
Conscience. 



Rob t . Sloper, 
Attorney for the Complain 



Account Sale of Sundry Goods at Arracan to Kyculla Vencaty puttv & 
Changlenah Noquedah's of Brigantine Tellesinga Permoll at one hundred p. Cent 
advance, The first Cost Viz*. 

2 Corge Bed Paper P 6 

2 Do. Do. finer 

20 Bundles of Gold leaves ..'. 

1 Tub of Sneakers of 3 Sorts Containing 2000 
1 Do. Do. 2100 

3 Bundles of Coral Containing 40 Strings 

4 Corge of Do. 80 Do. 

1 Candy of Sapan "Wood ... 

2 Empty Tubs 

Rattans for Do. 

Cooley hire &a. Charges 



advance one hundred p. Cent 



6 








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Pagodas ... 250 22 56 
G. Oarvalho. 



24 



Records of Fort St. George 



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Pleadings in the Mayor's Court, 1744-45 25 

25 th September 1744. 

The Answer of Poncola Ravenapah of Madras Merchant, 
Defendant to the Bill of Complaint of Gabriel Carvalho, of 
the said place Marriner Complainant. 

This Dependant Saving and reserving to himself, all and all manner of 
exception, to the many errors, Incertaintys, and Insufficiencys, and untruths, in 
the Complainants bill contain'd for answer thereunto or to so much therof as this 
Defendant is advised materialy concern him to Make answer unto, he this Defendant 
answereth and Saith. 

That this Defendant doth humbly conceive he is in no wise answerable for the 
Complainants present demand, for that the Complainant with the other Mate hath 
conniv'd at this Defendants ruin, by entering into a collusion with eatch other, to 
defrau'd this Defend*, of his Cargo, in the following Manner. 

The Complainant in his Bill pretends /or perhaps realy did/sell the Noquedah's 
the Several Goods amounting to 250 Pagodas, and tis very possible the ballance 
remaining due betwixt the Complainant and the Noquedahs, may be or have been 
170 Pagodas. But this Defendant humbly Conceives, that the Complainants private 
contracts and concerns does not in the least Effect the owner, tis very plain the 
debt was not contracted for the Ships use, and if not tis very hard, it should be 
paid out of the Ships Cargo, which never benefited therby, and it will be very hard 
on this Defendant to be answerable, for all the. private transactions of the Noquerlah, 
because they are intrusted with a Ship's Cargo, let the Complain*. Make it appear, 
that the Selling his adventure to the Noquedahs, was of any advantage to the 
Owners, or that the Owners did propose in any Shape to bring the profits of such 
adventure to the owners credit, this Defendant humbly conceives the Owners are 
answerable in equity for no more than what is apply' d to the Immediate use of the 
Vessel, and for her support and forwarding. 

With what view could the Complainant sell the Noquedahs the adventure at 
100 p. Cent, or what prospect of advantage could there be Intended to the owners; 
when the Complainant found he had contracted a desperate debt with a man of Bad 
principals, he to save himself trys to saddle the debt upon the owners, by Stopping 
part of the Cargo, for a Debt not known by the owners, not contracted by the 
Owners, nor converted to the owners use. 

The Elephants teeth the Complainant pretends to be his 
property, is allmost all the returns this Defendant hath 

received Principal ... ... ... ... ... ... 2,300 — ■ — 

Pagodas Preemium at 25 p. Cent is ... ... ... ... 575 — — 

Interest for this 6 Months 8 p. Cent is ... ... ... 115 — — 



So that her out set may be said to be Pagodas ... 2,990 — 



If the Complainants demand was Just, and the Owners ought to pay it, why 
did the Complainant Extort a payment at Sea, why was not this demand made upon 
the owners in a fair account at the arrrval of the Vessel, as all accounts are then 
adjusted, and why did the Complainant with the Noquedahs carry the Vessel to 
Ramapatnam under pretence of bad Weather, when at the Same time arrived here 
other Ships from the Same port in very good Condition, but Suppose even what 
the Complainant, pretends to be true, that the vessel was drove thaither, that can 
be no reason for the Complainant to take out her Cargo when she was there, to sell 
her rice and Ship the EJephants teeth on board a private boat, sent to Madras, had 
the Complainant thought he had dealt honestly why could they not as well have 
brought the vessel and cargo here, as bring the vessel empty here which the Com- 
plainant found a way to Do, notwithstanding all bad Weather, after he had Got the 
rice sold which the Naquedah's themselves had no athority for rloing, for the 
Naquadah's had only a power to Act, by Directions of the King of Arrackan, to 
whom this Defendant Sent a letter of advice, which was also unjustly conceal'd, 
1744-45—7 



26 Records of Fort St. George 



and not deliver' d to the King, through which means the vessel was detain' d long 
beyound her time, and brought very Little back, to this Defendants utter ruin, all 
which the Defendant is a Great Sufferer by, and all which proceedings the Com- 
plainant was acquainted with, and yett notwithstanding the Naquedah's had no 
power to act of themselves, Notwithstanding they had conceal' d the letter 
to the King of Arracan, notwithstanding the said Naquedahs were plainly acting 
to the utter ruin of the Owner, and against all Instructions, notwithstanding the 
said Teeth was the produce of a large outsett, and the Owners property, yett the 
Complainant did nevertheless Possess himself of a quantity of rice & teeth which 
the Naquadah's had no authority to sell, and therefore the Complainant could have 
no good title +o purchase, and more Especialy being at the same time in the Com- 
plainants Service and pay and ought if any thing to have prevented as much as in 
his power lay, all such unjust dealings. 

Upon the whole this Defendant absolutly denys he is indebted one Cash to 
the Complainant but that he is indebted to the Ship or his owner Pagodas 81. 1. 16 
as by the account annext to this Defendants answer will more fully appear and that 
this demand may be clearly made out. this Defendant has Marked the Several 
articles in the Complainants account, with the letter A which this Defendant object 
to as unjust and not in the last reguarding the Owners of the Vessel, but is a 
private account Contracted between the Complainant and the Naquedahs and which 
was in no wise converted to the owners use, neither by Defraying of the Vessels 
Charges, nor by any Exchange for a Cargo as falsely pretended, for why should 
the Naquedahs purchase of the Complainant 125 Pagodas of Goods, at the Extra- 
vagant rate of 100 p. Cent when the principal of the outward bound Cargo was 
2300 pagodas and why was not that more Sufficient to Exchange for Elephants 
Teeth, or if as the Complainant pretends the produce of his small adventure pur- 
chased the Elephants Teeth, what became of the whole Cargo, and this Defendant 
absolutly denyes to be any ways Lyable for the Complaints account Sales of his 
adventure to the Naquedah's unless this Defendant had been told, and had Con- 
sented to such purchase which never would have come to pass, so that the articles 
Marked with the letter A in the account annext this Defendant objects to as unjust, 
and to be accounted for only by the Naquadahs to who'se use the produce was 
converted . 

As to the Articles Marked with the letter B, they are acknowledged by the 
Complainant in his own Account and therefore this Defendant debts him for the 
same being all either Money or Goods taken up of the Ship, the Ships Cargo 
deliver'd by the King of Arracan and undoubtedly the owners right & property. 

As to the Elephants teeth they are not Charged for in this Defendants Account, 
because they are admitted to be Stopt, and in this Defendants Custody as being 
part of the owners Cargo, Clandestinly Shifted out of the owners Vessel, with an 
Intent to Land the same at Madras under another name. 

And to Answer the Complainants Questions the Naquedahs are in no wise nor 
part owners of the said Vessel, nor was to have pay any benefit more then part of 
the proffits which should arise from the promts of the Voyage, their power was 
limitted by the letter they conceal'd and which the now Complainant ought to have 
discovered to the King of Arracan. and This Defendant Lastly saith that he is 
ready and willing to pay all the Eespondentia taken up at the outsett of the Vessel 
and received into his custody the cargo brought back as by an award of arbitration 
Lately Given into the Honourable Nicholas Morse Esq r . Bearing date 30th July 
1744 and which is humbly offered to the Inspection of this honourable Court to be 
made such use of, as to this Honourable Court shall seem Meet, and this Defendant 
humbly prays, that if this Defendants account shall be deem'd Just, that then this 
Defendant may obtain a Decree of this honourable Court for Pagodas 81. 1 fanam 
without any cross bill being filed for that purpose, for that besides the said 81 
pagodas this Defendant hath Just cause of Complaint as*, the Complainant for all 
the lost and charges sustain 'd bv the Vessels Delay after the Complainant had 
Given it under his hand to Dispatch her in December 1743 whereas she did not 



Pleadings in the Mayor's Court, 1744-45 27 

break Ground tile 13th of March 1743/4 to this Defendants Great Loss and for 
which breach of Contract the Complainant is in equity answerable for such Extra- 
ordinary Wages, should the Complainant Urge the Naquedahs Superior power that 
pretence would be Groundless for the Naquedah's were equaly bound to the Mates 
for the same performance by another obligation they signed which impower'd the 
Complainant to act without Danger but so far from Effecting what they had they 
never made any attempts to bring the Vessel away. 

All which Matters and things this Defendant is ready to aver maintain and 
prove as this honble Court shall Direct and humbly prays to Be hence dismissed 
with his reasonable Cost in this behalf most wrongfully Sustain'd. 

Henry Deveil, 

Attorney for the Defendant. 



1744-45—8 



28 



Records of Fort St. George 



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Pleadings in the Mayor's Court, 1744-45 29 



Translate of an award given by the 
Subscribing Arbitrators namely Myla 
Comrapah, Peria Woodandy Rami 
Chitty and Paum Venkataputty in a 
Cause between Paukala Ramanapa & 
Kycola Venkata putty & Chengalroya 
Dated the 30th July 1744. 

To the Honourable Nicholas Morse Esq*. 

President and Governour op Fort St. George. 

Whereas Paukala Eamnapa had a Dispute with Kycola Venkataputty and 
Chengalroyah concerning Certain dealings and at last both parties agreed by signing 
a Penalty bond before your honour, to have it Decided by us, We therefore, upon 
application made to us, Examined the Circumstances of their Dispute & the 
accounts depending between them, whereby it appeared that the said Kycola Ven- 
kataputty & Changleroiah did not deliver the Letter which was given them by 
Eamanapa for the King of Arakan but concealed the same, besides which the 
accounts which they produced were Evidently wrote in Different Manner, upon 
these considerations we award that Ramnapah shall take all the Rice, Elephants 
Teeth & other Commodities that were imported by the Ship, into his Possession 
and pay the Several Creditors, who lent moneys at Respondentia on her their res- 
pective Demands of Principal & Respondentia and that whatever Ballance shall 
remain, when the payment is made as above, it is to be made good to the said 
Ramanapa by the said Kycola Venkataputty and Chengalroya according to Ramana- 
pas own account and as the Sum Borrowed of the Pilot and Maul Bandary, was 
taken up without Ramnapahs Directions, we do therefore think fit to award that 
the said Kycola Venkataputty and Chengalroya shall discharge the said Debt them- 
selves Thus we make this award jointly Witness our hands. 

Myla Comarapah. 
Periah Woodandy. 
Ramah. 

Paum Venkataputty. 
Drawn by Periah Woodandy. 

19 August 1743, Madraspatnam. 

We Chief and Second Mates of a Sloop called Tellesinga do give this Agree- 
ment to Poncla Ravenapah Naigue That is to say provided we do not dispatch the 
Sloop by the thirtieth of December next we were are hereby obliged to pay what 
Penalty he shall lay on us. 

G. Carvalho. 
J s . Scott. 
Witness. 
Tellesingar. 
Polleva Kistna Chitty 
drawn by Chengoldraiah. 
Translated from, a Cadjan said to be the Original. 

Joseph Githin, 

ExamT. 
Replication ] 

& y General 

Rejoinder. ' 

Interrogatories to be administred to such Wit- 
nesses as shall be produced Sworn & examined on the 
part and behalf of the Complainant in a certain cause 
wherein Gabriel Carvalho is Complainant and Poncala 
Ravenapah is Defendant. 

l«t. To all the Witnesses, Do you know the parties Complainant and Defen- 
dant or either & which of them & how long have you known them or either of them 
Declare 

1744-45— 8a 



'60 Records of Fort St. George 



2 d . To Ciculla Vancatyputty & Changleriah, Bo you remember to have 
been at any time, & when a Voyage at Sea in any and what Vessel with the Com- 
plainant, what Station or office was the Complainant in, and what was your's where 
was such Voyage prosecuted from & to who had the Command of that Vessel, was 
you or was you not an Cwner in the Vessel, if you was what Interest had you 
therein, Do you know the Paper Writing Marked A and the Cadjans Marked 
C & D now produced to you at this your time of Examination what do the same 
severally purport to be, was there any Compulsion used in obtaining them Cadjans 
or were they given by free consent, had the Complainant or had he not in his 
custody or power any Letter from the Defendant to the King of Arracan, that you 
know of or believe; or did he ever to your knowledge or beleife do anything 
unworthy of his office during the Voyage^ Did you or did you not purchase any 
Goods of the Complainant on your own Bottom, or in Conjunction with any other 
person, & whom, and to what amount, Did you sell such Goods, how was the 
produce thereof apply' d and how did you make your Accounts up with the Person 
you bought the same off. Did you or did you not on buying of such Goods give the 
Seller any and what Note Bond or other Security for the Payment of the purchase 
Money, if so had you the same ever delivered up to you on any, when, and what 
Consideration Declare. 

3 d . To Manoel Cardozo & Eamah, Were you at any time and on what Vessel 
a Voyage at Sea with the Complainant what employ had you in that Vessel, who 
had the Command of her, was you present at the adjustment of any Accounts 
between the Complain*, and her Commander, if so, how the Same was adjusted 
Declare. 

4 th . To Abdul Cauder, Lenardu Viara, Manoel Cardozo & Eamah, Do you 
know the Paper Writing Marked B now produced and shewn to you, if so what does 
the same purport to be, have you signed the same, who else besides yourself signed 
thereto with their additions Declare. 

5 th . To Eamah, Do you know the Cadjan now produced to you Marked C, 
how do you know the same, and what does it purport to be Declare. 

6 th . To Abdul Cauder, Do you know the Cadjan Marked D now produced unto 
you at this your Examination how do you know the same, and what does it purport 
to be, who else besides yourself has signed the same, was the same given by a 
General consent or only by a few of the Vessels Company Declare. 

7 th . To all, the Witnesses, Do you know any other matter or thing material 
for the Complainant in this Cause, if so, the same according to the best of your 
knowledge, remembrance and belief Declare. 

Eob t . Sloper. 
Attorney for the Complt. 

Mayors Court at 
Madraspatnam. 

Between Gabriel Carvalho Complainant 

and 
Poncla Eavenapah Defendant. 

Depositions of Witnesses in this Cause taken by and before the Examiner in 
this Court as follows. 

Ciculla Vencaty Putty of Madras late Noquedah of Ship Tellesingar aged 45 
years or thereabouts being produced as a Witness in this Cause on the°part of the 
Complainant was on the 7th day of February 1744/5 Shewn at the office of Mr. Henry 
Deveil attorney for the Defendant by Connecapa who left a Note of the Name 
Title and place of abode of the said Ciculla Vencaty Putty and afterwards on the 
Same day being Sworn and Examined Deposeth as follows. 

1st. To the first Interrogatory this Deponent Saith That he hath known the 
Complt. 2 years and the Defendant 20 years or thereabouts. 

2 d . To the -econd Interrogatory this Deponent Saith That he was a Vova^e 
at Sea about two years ago in the Ship nam'd Tellesingar Permaul with the Com- 
plainant who was Chief Mate of the said Ship and this Deponent was Chief 



Pleadings in the Mayor's Court, 1744-45 31 



Noquedah That the Voyage was prosecuted from this Port to Arracan and that 
this Deponent and one Chengoldraiah had the Command of the Vessel wherein this 
Deponent was three Eights concerned He further Saith that he knows the paper 
Writing Marked A as also the Cadjans Marked C & D now produced and Shewn 
him That the paper Writing Marked A is a Pass or Licence for this Deponent and 
People to Navigate and Trade with the said Vessel in India, That the Cadjan 
Marked G is a Certificate given by this Deponent and the said Chengoldraiah to 
the Mates as their justication for the Ship's not Sailing in January it being detained 
till March by the King of Arracan & that the Cadjan Marked D contains an order 
given by them to the Mates to carry the Ship to Metchlepatam being hindred by 
a Storm from bringing the Vessel to this Port That no compulsion was used in 
obtaining of these Cadjans they being Given by the free consent of this Deponent 
& the said Changoldraiah He also Saith that he knows not of any Letter the Com- 
plainant had from the Defendant to the King of Arracan neither did the Complain- 
ant to this Deponents knowledge to any thing unworthy of his office during the 
Voyage This Deponent further Saith that he & the said Chengoldraiah did purchase 
Goods of the Complainant and John Scott the Second Mate, on their own and the 
Defendants Accounts to the amount of Three hundred and Forty Pag s . for the 
payment of which Sum they gave a Bond, That they Bartered the said Goods for 
Elephants Teeth with which they made up their Accounts with the Mates who on 
the receipt thereof delivered up their Bond as above and more Saith not to this 
Interrogatory. 

To the last Interrogatory this Deponent saith That on the arrival of the Vessel 
at this Port the Defendant seized on the Elephants' s Teeth belonging to the Mates 
whereon Arbitrators were appointed to decide the affair which they Determined 
in favour of the Defendant and more Saith not. 

The mark of Ciculla Vencataputty. 

Joseph Githin, 

Exam r . 

Chengoldraiah of Madras Conicoply aged 27 years or thereabouts being 
produced as a Witness in this Cause on the part of the Complainant and after- 
wards being Sworn and Examined Deposeth as follows : 

1 st . To the first Interrogatory this Deponent Saith That he hath known the 
Complainant 2 years and the Defendant 20 years or thereabouts. 

2 d . To the second Interrogatory this Deponent Saith That he was a Voyage 
at Sea about a year and an half ago in the Ship named Tellesingar Permaul with 
the Complainant who was Chief Mate of the said Ship and this Deponent was 
Second Noquedah That the Voyage was prosecuted from this Port to Arracan and 
that Ciculla Vencataputty and this Deponent had the Command of the Vessel 
wherein this Deponent was one Eighth concerned He further Saith That he knows 
the paper Writing Marked A as also the Cadjans Marked C & D now produced 
and shewn him, That the paper Writing Marked A is a Pass or Licence for the 
said Ciculla Vencataputty and People to Navigate and trade with the said Vessel 
in India, That the Cadjan Mark C is a Certificate given by the said Ciculla Veneata- 
puitv and this Deponent to the Mates as their justification for the Ship's not sailing 
in January it being detained till March by the King of Arracan. and that the 
Cadjan Marked D contains an order which the said Ciculla Vancataputty and this 
Deponent gave the Mates to Navigate the Vessel to Metchlepatam being hindred 
by a storm from bringing her to this port, That no compulsion was used in obtain- 
ing of these Cadjans they being given by the free consent of the said Ciculla 
Vencataputty and this Deponent That he knows not of anv Letter the Complainant 
had from the Defendant to the King of Arracan, nor did the Complainant to this 
Deponent's knowledge do any thing unworthy of his office during the Vova^e, 
This Deponent further saith, That the said Ciculla Vencataputty and this Deponent 
did purchase Goods of the Complainant and John Scott the Second Mate on their 
own and the Defendant's Account to the amount of Three hundred and Forty 
Pagodas, for the payment of which thev gave a Bond, That they Bartered the 



32 Records of Fort St. George 



said Goods for Elephants 's Teeth with which they made up their accounts with 
the Mates allowing the Teeth at an hundred and Seventy Pagodas p. Candy That 
the Mates on the receipt thereof delivered up their Bond aforesaid, and more Saith 
not to this or the last Interrogatory. 

Chengoldeaiah. 

Joseph Githin, 

Exam r . 

Manoel Cardozo of Madras Marriner Aged 38 years or thereabouts being 
produced as a Witness in this Cause on the part of the complainant & afterwards 
being Sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent Saith, That he hath known the 
Complainant 20 years, and the Defendant he hath also known 20 years or there- 
abouts. 

3 d . To the third Interrogatory this Deponent saith, That he was a Voyage 
at Sea with the Complainant on the Ship Named Tellesingar Permaul but had no 
Employ therein That he was a Passanger on board, and that Ciculla Vencaty 
putty had the Command of the Vessel he further Saith, That he was present at an 
agreement made between the said Ciculla Vancatyputty and the Mates Viz*, th'e 
Complainant and John Scott which was as follows, The said Ciculla Vencataputty 
agreed to take the Mates Goods and to pay them an hundred p. Cent on their 
Invoice on the Arrival of the Ship at this port, but cannot further say in regard. 
to any other adjustment of accounts between them, To the fourth Interrogatory 
this Deponent Saith, That he knows the paper Writing Marked B That it is a 
Protest against the Commander of the Vessel and is signed by this Deponent as also 
by Lenardu Viara, Ramah, Abdul Cauder Syrang, Allovakoss Head Tindal, Adam 
Gee, Mannoola and Francisco Rodrigo and more Saith not to these or the last 
Interrogatory. 

Manoel Cardozo. 

Joseph Githin, 

Exarrf. 

Lenardu Viara of Madras Marriner aged 37 years or thereabouts being 
produced as a Witness in this Cause on the part of the Complainant and after- 
wards being sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent Saith, That he hath known the 
Complainant 20 years, and the Defendant one year or thereabouts. 

4 th . To the fourth Interrogatory this Deponent Saith, That he knows the 
paper Writing now Shewn him Marked B That it is a protest drawn by the Mates 
against the Commander of the Vessel and is signed by this Deponent as also by 
Mannoel Cardozo, Ramah, Abdull Cauder Syrang, Allova Koss Head Tindal, Adam 
Gee, Mannoola and Francisco Rodrigo and more Saith not to this or the last 
Interrogatory. 

Leonardu Vieira. 
Joseph Githin, 

Exarrf. 

Ramah of Arracan Merchant Aged 35 years or thereabouts being produced 
as a Witness in this Cause on the part of the Complainant and afterwards being 
Sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith That he hath known the 
Complainant and Defendant 2 years or thereabouts. 

3 d . To the third Interrogatory this Deponent Saith, That he was a Voyage 
at Sea with the Complainant on the Ship named Tellesingar Permaul That he was 
a Freighter on board and that Ciculla Vencataputty had the Command of the 



Pleadings in the Mayor's Court, 1744-45 33 

Vessel he further saith that he was present at the Settling of accounts between the 
Complainant and the said Ciculla Vencataputty which was adjusted as follows The 
said Ciculla Vencataputty returned the Complainant a quantity of Elephants's 
Teeth to the amount of the sum agreed on between them for the Goods he had 
purchased of the Complainant. 

To the fourth Interrogatory this Deponent saith That he knows the paper 
writing Marked B now Shewn him at this his Examination That it is a protest 
drawn b\ the Mates against the Commander of the Vessel and is signed by this 
Deponent and others whose names he cannot recollect neither can be read them 
being not acquainted with the Language they are wrote in. 

To the fifth Interrogatory this Deponent Saith That on hearing the Cadjan 
read Marked C now shewn him he remembers to have heard that a Cadjan to that 
purport was given the Mates by the Commander of the Vessel to Justine them for 
the Ship's being detained and more Saith not to this or the last Interrogatory. 

Eamah. 
Joseph Githin, 

Exam r . 

Mayors Court at Tuesday, the 2 d . day of April anno Domini 

Madraspatnam. 1745 Between Gabriel Carvalho of Madras 

Marriner Complainant and Poncala Rave- 
napah of the Same place Dubash Defen- 
dant. 

This Cause coming on this day to be heard and debated before this Court 
in the presence of the parties and their attorneys on both sides, on hearing the 
Complainants Bill, with an account of Sale and an account Current thereto 
annext, The Defendants answer, with two acco ts . Curr*. & Translate of an 
award and of an agreement thereto annext, The Replication and Rejoynder, 
also the proofs taken in this Cause on the part of the Complainant (the Defen- p B . 170. 
dant not having produced any) read. And on Examination of the Matters in 
this Cause what was alledged on either side and due consideration had thereon, 
This Court doth therefore think fit to order and Decree and doth accordingly 
order and Decree that the Defendant do pay unto the Complainant, the full and 
just Sum of one hundred Seventy Pagodas Current of Madras, being the amount 
of the Elephants Teeth, taken by the Defendant from the Complainant, together 
with such Interest from the 26 th . June 1744 as now is or shall hereafter become 
due thereon until full payment is made and also the Costs of this Suit. 

P. Cur 

Noah Casamajor, 
Reef. 



IND EX 



Arracan 

Bomie Caul Buba- 
badroo 

Casamajor, Noah . . 

Choliapah 

Coliah 

Conjusaw 

Connecapa 

Cundapa 



A 
B 



PAGE 



13, 14 



5, 7, 13 
8 
6 
7 
4, 12 
1 



Deveil, Henry . . 2, 3, 4, 5, 7, 9, 11, 12 
Dumbleton, William. 2, 3, 6, 8, 10, 12 



Fowke, Randal 



F 
G 



Githin, Joseph 

Govinda Chitty 

[Govindoo, Govin- 
da] 

Great Britain 



Iroolapa 
Irsapah 



K 



Kalderman, Joseph 

Hendrick 
Kistna [Kisnash], 

Poncla 



Lingamah . . 



L 

M 



4, 6, 8, 12, 13 



1, 2, 3, 4 

8 



1 
3,4 



13 

8, 9, 12, 13 

5,6,7 



Madrass [Madras- 

patnam] . . . . 1, 4, 5, 6, 7, 8, 9, 12, 

13, 14 
Mahadon [Maha- 

deau] . . . . 5, 6, 7 



M — cont. 



Managapah 
Marr Chitty, Tri- 
passure 



N 



Narionopayon 
Narrain Chittee 



Palliapah Chitty . . 
Permoll Moodalare. 



PAGE 

1 
8 



5 
1, 13 



12, 13 

8, 9, 10, 11, 12, 13 



Ramah Chandru .. 6, 8, 9, 10, 11, 12, 13 
Rangapah Chitty 

Rangamar . . 8 

Ravanapah, Pon- 

cala .... 13, 14 



Sadashava 
Scott, J ohn 
Sealum Moodalare. 
Subriah Jagaswah, 
Portake 



Tellesinga Permoll. 

Timina, Coovetoor. 

Timma 

Tomby Charpullee. 

Tomby Chitty 

Triplicane 



Vencatta Putty, 

Kyculla 
Verrago Saustrey . . 
Vishvanada Sankara- 

jee 



Yacumbrum 

Moodalare, Pata 
[Ponta] 



3,4 

13 

1, 2, 3, 4 

5,6,7 



13 

1,4 

2 

12 

8, 9, 10, 11, 12, 13 

6 



14 

5 



1,4 



1744_45_5 



SUPPLEMENTAL INDEX 

For the materials on pages i-vi and 14-33 furnished by the India Office. 

PAGE PAGE 



Abdull Cauder Kamanah, Modum 

[Cadur] .. .. 16,19,21,22,30,32 Kistna Chitty, Polleva 

Adamge [Adam Gee] 16, 21, 22, 32 Kistna, Potty 

Allova Koss [Halla- Kistnama, Pote ... 

box], . . . . 16, 21, 22, 32 

Appiah, Atapetta ii 

Arracan . . . . 16, 17, 18, 19, 20, 21 Madras [Madras- 

22, 23, 25, 26, 30, 31 patnam] 
32 



IV 

29 
iv 
iv 



M 



B 



Balla Ragoova 

Chitty, Dasuree 
Purrecoolee 

Black Town 



Cardozo, Mansel 

[Manoel] 
Carvelho, Gabriel . . 

Cas-amajor [Cassa- 
maijor], Noah 

Changleriah 

[Chengoldraiah, 
Chengoldraien] 



Comarapah, My la 
Come Chitty, Velloor 
Comracapahs Street 
Comrapah . . 
Conapa Chitty Street 
Connecapa 



Deveil, Henry 
Dumbleton, William 



Manulla [Mannoola] 
Metchlepatam 
Mefcchlepatam 
iv Morse, Nicholas 
v, vi 



1, 1U, IV, V, VI 

15, 18, 21, 22, 25, 30 

31, 32, 33 

16, 21, 32 

20 

31 

18, 26 



Natte Coppia 
Nella Tombe 



16, 19, 21, 22, 30, 32 
14, 20, 21, 22, 23, 24 n , , ., v ,, 
25, 27, 29, 3 ; 33 Obdulla Katha 

iv, v, 22, 33 Padmiah, Chandoo- 
voola 

Parriah, Birthum 

14, 15, 16, 17, 19, 20 Paupjah, Birthum 
21, 22, 23, 24, 28, 29 p ed danaigues Petta 

30, 31, 32 permall, Birthum 
29 



N 

O 
P 



VI 

ii 



16 



iv 

iv 
iv 

iv 
iv 



n 



[Rami 



Fort St. George 

Githin, Joseph 

Govindoo [Govinda] 

Coovetoor 
Gungarani's Street 
Gungiah, 

Bullegoerlah 



G 



vi Ramah, 
15 Chetty] 

v 
19, 30 Ramanah, Moodum 
Ramapatnam 
[Ramnapatam] 
18, 19, 27 Ravanapah 
iii, vi [Ravanah], 

Poncala 

28 Rodrigues [Rodrigo], 
Francisco 
Russel, John 
iv, 16, 20, 21, 22, 29 
31, 32, 33 

Scott, John [J.S.] 
v, vi 

iv Sealum Moodelare 

Shashia, Jellapillai 

iv Sloper, Robert 



15, 16, 19. 21, 22, 29 
30, 32, 33 

v 

14, 17, 18, 23, 24, 28 



15, 18, 19, 22, 23, 25 
28, 29, 30, 33 



16, 21, 22, 32 



17, 18, 19, 22, 29 

31, 32 

v 

ii 

15, 19, 23, 30 



India 



Jaggoo 

Jimmina, Coovetoor 



20 Tellesinga [Jellesingd] 
Permoll 

i, iii Tellesinger 

v, vi Tondava Moorty . . 



15, 19, 20, 22, 23, 28 

30, 31, 32 

29 

iv 



1744-45—6 



11 



Veerago Chitty, . . 

Vencatamma 
[Vencatumina], 
Appona [Oppona] 

Vencata Putty, 
Kitty [Vencate- 
putte, Kette] 

Vencata Putty, 
Paum ... ». 

Vencatiah, Attapah 



INDEX 
PAGE 



PAGE 



V — cont- 



Vencatty Putty, 

lV ' v Kyculla [Vencato- 

pathe] 



1 11 in IV 



i n in 



.. 16, 17, 19, 20, 21, 22 
23, 24, 28, 30, 31, 32 
33 
Vieira, Leonardo 

[Viara, Lenardo] 16, 19, 21, 22, 30, 32 

W 



Woodandy, Periah 



29 



Yacambruni Moode- 
ii lare, Ponta 



29 



v, VI 



Vi 



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